Obtaining a trademark is such an accomplishment, many business owners finally reach the finish line, hang the certificate on the wall, and consider the trademarking process complete. While that is almost correct, if you have a trademark, you do need to know that there are just a few additional steps that must be taken. To keep it enforceable, you will need to file post-registration maintenance between the fifth and sixth anniversary of your registration, and then, every ten years thereafter.

Below is an overview of what to expect to maintain your filing between the 5th and 6th year of your registration (in other words, how to prepare for a Combined Section 8 and 15 filing).

1. Section 8 Declaration of Use

• What it is: A sworn statement confirming your mark is still actively used in commerce (or, if not, explaining excusable non-use). You must also include a specimen-evidence of that use (like screenshots of an active website, packaging, or service ads)-and pay a fee for each class of goods/services you’re maintaining.
• When to file: Anytime between the 5th and 6th anniversary of registration. If you’re late, you get a 6-month grace period-but it comes with an extra $100 per class. If you miss the grace period window, your registration will be canceled.

2. Section 15 Declaration of Incontestability

• What it is: A declaration that your mark has been in continuous use for five years and has no pending disputes. Filing this makes your registration “incontestable”-raising the bar for anyone challenging your rights.
• Why it matters : Aside from providing you “incontestability” of ownership of your trademark (which would be critical in a legal proceeding), your Section 15 filing will be the best form of protection in the event that another party attempts to cancel your trademark.

Special Note for Supplemental Register Filings
If your trademark was originally registered on the Supplemental Register (often used for marks that were descriptive at filing) you can’t file a Section 15 Declaration of Incontestability yet. Instead, once you’ve used the mark continuously in commerce for five years, you may be eligible to apply for a new registration on the Principal Register. This requires filing a fresh application (often under Section 2(f) to claim acquired distinctiveness) and going through the standard USPTO examination process again.

The upside? Once on the Principal Register, you can pursue incontestable status in the future, which is invaluable for enforcement and licensing strength. For example, one of my clients originally registered their brand name on the Supplemental Register while building brand recognition in a competitive niche. At year five, we refiled on the Principal Register and secured incontestable status soon after. That change alone increased the value of their brand licensing deals-licensees were willing to pay a premium knowing the mark carried the strongest possible protection.

3. The Best Option: Combined Section 8 & 15 Filing

If your mark qualifies for Section 15 (i.e., it’s on the Principal Register, and has 5 years of continuous use), you can file both declarations at once using the combined form. It’s convenient and cost-effective, and our recommendation for any registration who qualifies.

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Quick Comparison

Filing Type	Required?	Benefits
Section 8 Declaration	Yes	Keeps your registration alive
Section 15 Declaration	Optional	Adds incontestability-stronger protection
Combined 8 + 15 Filing	Optional	Saves time, consolidates filings

How to plan ahead:

Treat the 5-year mark like a milestone, not a deadline-start preparing specimens and checking use early.

• Consider filing 8 and 15 together: If eligible, opt for incontestability-especially important for licensing deals where legal gravitas, and lessened liability via incontestability can raise the value of the licensing deal itself).
• Stay up to date: Make sure your address and ownership details are accurate, and make sure you have an active website (or other form of proof of use in commerce) so that your trademark attorney can file the appropriate specimens

The window between years 5 and 6 after registration is not just a legal checkbox, it’s an opportunity. Filing a Section 8 Declaration keeps your trademark alive. Adding a Section 15 gives it gravitas and incontestability. And if your mark started on the Supplemental Register, year 5 can be your moment to graduate to the Principal Register and open the door to incontestability. For entrepreneurs who plan to license their brand, these filings aren’t just about compliance: they’re about leverage. A stronger, incontestable registration can translate directly into higher licensing fees, more favorable contract terms, and the confidence that your brand is protected as you scale.