How Often Do Trademarks Need to Be Renewed​?

Trademarks require periodic renewals to maintain protection. In the U.S., the first renewal is due between the 5th and 6th years, with subsequent renewals every 10 years. Miss a deadline? You get a six-month grace period to file. Let’s break down what’s required and how renewal timelines vary globally.

What is a trademark?

In short, federally registered trademarks are unique brand identifiers that distinguish your brand from others in the market. They can come in the form of:

• Logos
• Slogans
• Business names
• Sounds
• Colors

Essentially, any uniquely distinguishing factor of your business can be protected if it's distinctive, can't be confused with others, is non-offensive, and is non-generic. That said, unlike patents, this form of IP can't have functional features.

How does trademark registration work?

Federal trademark registration has to be done with the relevant trademark office, such as the United States Patent and Trademark Office (USPTO).

It usually takes 12-18 months and requires regular maintenance after registration.

The trademark renewal timeline

In the United States (US), the United States Patent and Trademark Office (USPTO) requires the following:

• The first renewal filing should happen between the 5th and 6th years. You'll need to file a Declaration of Use to confirm that the trademark is still being used in commerce.
• After this, every 10 years, you'll need to file a combined Declaration of Use and an Application for Renewal.

However, if you miss either of these filings, you do have a six-month grace period.

What registration maintenance documents do I need to renew my trademark?

As mentioned earlier, you'll need to file a:

• Declaration of Use: This is a statement that verifies that a trademark is in use in commerce. Evidence could include product packaging, marketing materials, and website screenshots.
• Application for Renewal:  This application confirms the trademark owner's intent to continue using the trademark.

In addition, in certain situations, you may need to provide a Declaration of Excusable Nonuse, explaining why the trademark isn't in use and detailing plans to resume use.

Understanding the trademark renewal process in foreign countries

Like the US, most countries require renewal of their trademark application in 10-year increments; for example:

• European Union (EU): Trademarks are valid for a period of 10 years and can be renewed through the European Union Intellectual Property Office (EUIPO).
• China: Trademark protection is valid for a period of 10 years from the registration date, with renewals requiring proof of proper use.
• India: Trademarks need renewal every 10 years, with an extension request available for another 10 years if filed on time.

Keep your trademark renewed, ensure your brand remains protected

Trademark renewal is an essential part of ensuring the protection of your brand from copycats and opportunistic competitors. By ensuring your trademark is secured both in your own country, and in any other location that you’ll be doing business, you ensure that what’s yours, stays yours.