When is the Declaration of Use for a trademark submitted?

Photo of Igor Demcak

Written by Igor Demcak

Founder & Trademark Attorney

A Declaration of Use for a US trademark must be filed at the following intervals:

  • Between the 5th and 6th year after the registration date.
  • Between the 9th and 10th year after the registration date (submitted together with the renewal application).
  • Every 10 years afterward, submitted together with each subsequent renewal.

If you’re not ready to file the DoU during these periods, each deadline has a six-month grace period during which the declaration can still be filed with an additional surcharge. Missing a deadline entirely results in the cancellation of the registration.

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