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Trademark Deadline Calculator

Enter the date on your USPTO notice and see the deadlines that follow from it.

Covers office action responses, petitions to revive, statements of use, and the maintenance filings that keep a registration alive, with the USPTO fee for each filing as of October 2026.

Calculate your deadlines

Choose the notice or date you have, enter it, and the calculator lists each deadline with the days remaining.

Step 1. What do you have?
Step 2. Enter the date

Estimates for general information, not legal advice. Always rely on the deadline stated in your USPTO notice and the status shown in TSDR. When a deadline falls on a Saturday, Sunday, or federal holiday in the District of Columbia, 37 C.F.R. Section 2.196 allows the filing on the next day that is not one of those days. The calculator flags weekends but not holidays. Nothing you enter is sent or saved.

The deadline rules in plain English

Each deadline below comes from the Lanham Act or the USPTO's trademark rules in Title 37 of the Code of Federal Regulations.

37 C.F.R. Section 2.62

Office action response

Three months from the issue date for an application under Section 1 or 44, extendable once by three months for a $125 fee if you request the extension by the original deadline. Six months for a Madrid Protocol application under Section 66(a).

Office action responses
37 C.F.R. Section 2.66

Petition to revive

If an application was abandoned because a deadline was missed unintentionally, a petition to revive is due within two months of the notice of abandonment. The fee is $250.

Get help reviving
37 C.F.R. Sections 2.88 and 2.89

Statement of use

For an intent-to-use application, the statement of use is due within six months of the notice of allowance. Six-month extensions are available, up to 36 months from the notice of allowance in total.

Trademark registration
Section 8, 15 U.S.C. Section 1058

Declaration of use

Due between the fifth and sixth anniversaries of registration, then within the year before every ten-year anniversary. A six-month grace period is available with a surcharge.

Trademark registration
Section 9, 37 C.F.R. Section 2.182

Renewal

Due within one year before the registration expires, every ten years, filed together with the Section 8 declaration due at the same time. A six-month grace period is available with a surcharge.

Trademark registration
Section 15, 15 U.S.C. Section 1065

Incontestability

Optional. For a Principal Register mark in continuous use for five consecutive years after registration, the declaration is filed within one year after the end of that five-year period.

Trademark registration

Common questions

How long do I have to respond to a trademark office action?

For an application filed under Section 1 or 44, the response is due three months from the office action's issue date. You may request one three-month extension, for a $125 USPTO fee as of October 2026, as long as the request is filed by the original deadline. For a Madrid Protocol application under Section 66(a), the response period is six months. Always confirm the deadline stated in the office action itself.

What if I missed my office action deadline?

If the delay was unintentional, you may file a petition to revive within two months of the issue date of the notice of abandonment. As of October 2026, the USPTO petition fee is $250, and when the office action had a three-month response period, the petition must also include the $125 extension fee unless you state that you did not receive the office action.

When is my Section 8 declaration due?

Between the fifth and sixth anniversaries of the registration date, and again within the year before every ten-year anniversary. A six-month grace period follows each deadline, with a $100 per class surcharge as of October 2026.

When do I renew a federal trademark registration?

Within one year before the end of each ten-year period after registration. The Section 9 renewal is filed together with the Section 8 declaration due at the same time, for a combined USPTO fee of $650 per class as of October 2026. A six-month grace period is available with a surcharge.

How long do I have to file a statement of use?

Six months from the notice of allowance. You may request six-month extensions, for a USPTO fee of $125 per class each as of October 2026, up to a total of 36 months from the notice of allowance. Extensions after the first require a showing of good cause.

Holding a USPTO notice right now?

Office actions are one of my favorite parts of this work. If you are holding a refusal from the USPTO and you are not sure what it means, that is exactly the kind of call I would like to get.

Book a Free Consultation

The consultation is free. Government fees shown are set by the USPTO, are current as of October 2026, may change, and are your responsibility. Other third-party costs, such as professional search, records, certified-copy, courier, or postage fees, are also your responsibility and are passed through at cost. Harborage Law does not handle court or litigation matters, so your matter will not involve court costs or litigation expenses.

This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Sources: 15 U.S.C. Sections 1058 and 1065; 37 C.F.R. Sections 2.62, 2.66, 2.88, 2.89, 2.160, 2.182, and 2.196; USPTO fee schedule effective January 19, 2025, last revised August 14, 2026. Attorney Tony N. Woolard is admitted to the Connecticut bar (Juris No. 442912) and is registered to practice before the United States Patent and Trademark Office (Reg. No. 79,956). Federal trademark services are available to clients nationwide.