Yes. The owner must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and 10th years after the registration date, and between every 9th and 10th year after the registration date thereafter. See 15 U.S.C. § 1059. NOTE regarding Grace Period Filings: The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee. The USPTO has no authority to waive or extend the deadline for filing a proper §9 Renewal Application. Registrations cancelled due to the failure to file a §9 Renewal Application cannot be reinstated or “revived.” A new application to pursue registration of the mark again must be filed.
Because the time period for filing the 10-year §8 Declaration coincides with the filing of a §9 Renewal Application, the USPTO created a form entitled “Combined Declaration of Use in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9” (“combined form”). As noted above, the filing of timely §8 Declarations are required to avoid the cancellation of a registration.