tm logo

Resources

Trademark Guides

How To Renew A Trademark

How to Renew a Trademark: A Guide That Makes It Easy!

Manasvitha Kamal

Manasvitha Kamal

17 May 20245 min read

share this blog

How to Renew a Trademark: A Guide That Makes It Easy!

Trademark renewal is one of the most essential responsibilities that comes with trademark registration, whether you do it in the US or any other country around the world. 

In addition, it's important to keep track of your trademark registration renewal dates and renew them according to the required timeline set by the United States Patent and Trademark Office (USPTO). 

This article will explore the trademark renewal process, starting with explaining trademark registration. 

What is trademark registration?

Trademark registration is a crucial step in protecting your brand identity. 

It allows you to legally safeguard a symbol, word, or design that represents your brand or company. 

Registering a trademark ensures that your brand stays easily recognizable and stands out in the market, helping to build customer trust and loyalty.

(Without trademark registration, you run the risk of trademark infringement, and others “leaning” on your brand name, after all!) 

This legal protection differentiates your brand from countless generic products, reinforcing your unique identity and reputation.

How to renew a trademark: Exploring the importance and the time intervals

Trademark renewal is a critical process that ensures continued legal protection and exclusive rights to a trademark, preventing others from using similar marks. 

Typically, trademarks must be renewed every ten years, although this can vary by jurisdiction.

When you first register your trademark, it's essential to mark the calendar for the initial renewal date, which comes five years after the registration date. 

The challenge here is keeping track of this extended period because this isn't a monthly or a yearly process.

The USPTO also doesn't send reminder emails for renewal of your trademark.

If you miss your trademark renewal deadline, your application could be canceled, forcing you to start from scratch to regain exclusive rights to your brand name.

Trademarkia can help remind you of your renewal deadlines so you don't miss out. 

Interested? Learn about our trademark renewal services today. 

Trademark renewal timeline in the US:

Initially, the trademark renewal timeline follows three key stages:

FIRST TRADEMARK RENEWAL:

Your first trademark maintenance and renewal happens five years after your initial registration. 

It's essential to file a statement of continued use by the fifth year.

(Although you have until the end of the sixth year, we recommend doing it sooner rather than later due to the importance of maintaining your trademark.)

This filing is your official declaration that you're actively using your mark. 

It must include a sample showing your trademark in use, just like you did with your original application, provided you haven't changed the mark.

You'll also need to update any details about the trademark owner and pay the required USPTO and professional fees. 

Getting this done early helps ensure your trademark protection continues without any problem.

SECOND TRADEMARK RENEWAL:

Your trademark's first full US renewal comes due nine years after your initial registration. 

Unlike the earlier maintenance filing at five years, this step is about renewing your trademark for another decade.

During the ninth year of your trademark ownership—before you hit the tenth anniversary—you'll need to file a statement and provide proof that shows your trademark is still in use. 

Additionally, you'll submit a separate renewal form along with the required fee.

Filing early will be an added advantage. 

It helps avoid any unforeseen issues that could interrupt the process and potentially lead to the cancellation of your trademark. 

So, keep this deadline in mind to ensure your trademark protection continues smoothly for another ten years.

THIRD TRADEMARK RENEWAL:

Trademark owners can keep their trademark forever by using it actively and renewing it every ten years

Just provide proof of use with each renewal to ensure your trademark stays protected and exclusive only for your use.

 Remember, you could lose your trademark rights if you don't use it.

Interested in learning more about Trademarkia and our services? Read our guide “An Overview of Trademark Services.”

Documents required for renewal

Declaration of Continued Use or Excusable Nonuse:

This is a sworn statement (usually filed on a Form 8) confirming that the trademark is still used in commerce or explaining why it hasn't been used.

Specimen of Use:

You must submit a current specimen showing how the trademark is used in commerce on the goods or services listed in the registration.

Late renewal of trademark

If you miss the initial deadline for renewing your trademark with the USPTO, there's a safety net: a 6-month grace period. 

During this time, you can still file for renewal, but there are a few points to keep in mind:

  1. Additional fees will be charged during the grace period.
  2. You must still meet all renewal process requirements.
  3. You must act quickly because your trademark could be canceled after six months.

If you have trademarks in multiple countries, remember that each has its own renewal rules and deadlines, even if you filed via the Madrid Protocol

This streamlined application process doesn't simplify renewal obligations.

Whether you're based in the US or abroad, keeping track of these varying deadlines is your responsibility to ensure your trademarks stay active.

Don't neglect your renewal - protect your brand with Trademarkia today!

To conclude, the importance of renewing your trademark cannot be overstated—it's essential for maintaining your brand's legal protection.

Trademarkia offers comprehensive support in managing your trademark renewals, helping you avoid the pitfalls of expired rights and potential market infringement.

With our dedicated services, you can ensure your brand remains protected and continues to thrive in this competitive business environment.


FAQs

When do I need to renew my trademark?

In the US, you must renew your trademark at the 10-year mark, with the first renewal due five years after registration to maintain the registration.

What happens if I miss the deadline for trademark renewal?

Missing the deadline may lead to the cancellation of your trademark. However, there is a 6-month grace period. Although late fees will apply.

Are there any penalties for late trademark renewal?

Yes, filing during the grace period incurs additional fees on top of the standard renewal fees.

Can I renew my trademark online?

Yes, in most jurisdictions, including the US, you can renew your trademark online through Trademarkia.

Can my trademark renewal be denied?

Yes, your renewal application may be denied if you fail to meet the renewal requirements, such as not providing sufficient proof of use.

share this blog

Manasvitha Kamal is a Digital Marketer and holds a Bachelor of Commerce in Business Administration and Management. Skilled in Digital Marketing, SEO, and content, Manasvitha is passionate about using digital strategies to drive business growth. She prides herself on taking complex ideas about intellectual property and making them easy.