Guide · How-to

How to file your Section 8 Declaration yourself, step by step

You don't need a lawyer or a $650 filing service to keep your trademark alive at the five-year mark. For a straightforward registration, filing the Section 8 Declaration yourself takes about an hour. Here's exactly how.

Published 2026-07-10 · fees verified vs USPTO

First, confirm you're actually in the window

The first Section 8 Declaration of Use is due between the fifth and sixth anniversary of your registration date. Filing even one day before your 5-year anniversary won't be accepted; filing after your 6-year anniversary means a grace-period surcharge, and filing after the grace period means your registration is cancelled for good.

Before you do anything else, pull your exact dates. You can look your mark up on the USPTO's TSDR system, or use our free deadline checker — enter your serial or registration number and it computes your on-time and grace-period dates from the official record.

If you're already past the 6-year date but within the six-month grace window, you can still file — just with a surcharge. Don't wait: read how the grace period works and file today, because the deadline does not move.

Gather what you need (about 15 minutes)

You only need a few things, and most of them you already have:

Your serial or registration number — from your registration certificate.
A USPTO.gov account — free, at uspto.gov, if you don't already have one.
A current specimen for each class — real-world proof you're using the mark in commerce (more on this below).
The filing fee — a credit card or USPTO deposit account.
An honest list of your goods/services — confirm you're still using the mark on everything listed in the registration.

Step by step: filing through TEAS

The USPTO's Trademark Electronic Application System (TEAS) walks you through a guided form. In broad strokes:

Sign in at uspto.gov's maintenance page and choose the Section 8 Declaration of Use form.
Enter your registration number and pull up the record.
Confirm the owner name and correspondence address are current — a stale address is the single most common reason owners never get USPTO notices.
For each class, confirm continuous use in commerce, or delete goods/services you've stopped using (see the note below).
Attach a specimen for each class.
Sign the declaration under oath and pay the per-class fee.
Save the filing receipt and the confirmation email.

Deleting goods: if you no longer use the mark on some listed goods, delete them rather than swearing to use that isn't happening. The USPTO runs a random audit program, and an inaccurate declaration can jeopardize the whole registration. Deleting is cheap and safe.

The specimen: the part that trips people up

A specimen is evidence that you're actually using the mark in commerce on the goods or services in your registration — not just that you own it. The USPTO has tightened specimen scrutiny in recent years, and a weak specimen is the most common reason a Section 8 gets refused.

For goods, good specimens include product packaging, labels or tags showing the mark, or a live e-commerce listing page where customers can actually buy the product. For services, think advertising or marketing materials that show the mark in connection with the service you provide. A picture of your logo by itself is not enough — the specimen has to show the mark in real use.

Fees, and the honest cost comparison

Filed yourself through TEAS, a Section 8 costs the government filing fee — currently $325 per class (verify the current amount on the USPTO fee schedule). That's it. There's no separate service charge when you do it yourself.

A filing service or attorney adds their own fee on top — often several hundred dollars. That can be worth it if your mark has a complication (a changed owner, a specimen problem, deleted goods, or an office action), but for a clean registration most owners can handle the §8 themselves. If you'd rather have help, compare your filing options — we list the DIY path first, at cost.

After you file

The USPTO reviews the declaration and, if everything is in order, sends a notice of acceptance — your registration is maintained until the next deadline (the combined Section 8 & 9 renewal at year 10). If there's a problem, you'll get an office action explaining what to fix, usually with a response deadline of its own.

This is exactly where a lot of owners lose the thread: they file, assume they're done, and don't notice a follow-up office action or the next deadline five or ten years out. For a mark your business depends on, that's the gap worth closing.

Frequently asked questions

Do I need a lawyer to file a Section 8?

No. For a straightforward, actively-used registration, most owners can file the Section 8 themselves through TEAS in about an hour. A lawyer or filing service helps most when there's a complication — a changed owner, a specimen issue, deleted goods, or an office action.

What if I miss the Section 8 deadline?

You get a six-month grace period after the 6-year anniversary, with a surcharge. If that passes without a filing, the registration is cancelled and cannot be revived — refiling a new application is the only path back. Check your exact dates with the free deadline checker.

How much does a Section 8 cost in 2026?

The USPTO electronic filing fee is currently $325 per class of goods or services, plus a grace-period surcharge if you file late. Confirm the current amount on the official USPTO fee schedule before filing.

When is the Section 8 due?

Between the fifth and sixth anniversary of your registration date. After that, a combined Section 8 & 9 renewal is due at the tenth anniversary and every ten years thereafter.

Not sure when your Section 8 is due? Check your exact window in ten seconds — no account, no email: run your mark through the free checker →. For a mark your business depends on, a $49/year watch also catches the office actions and status changes a calendar can't.

General information, not legal advice. RenewMark is an independent service and is not affiliated with the USPTO. Fees and rules change — confirm your specifics against the official record at tsdr.uspto.gov and uspto.gov before relying on anything here.