Missing a trademark renewal deadline risks losing legal protection for your brand. With years of experience in trademark filing and renewal, we’re here to guide you on the renewal process to help maintain your trademark rights and avoid costly legal issues.

How to Renew a Trademark: Timeline, Process, and Costs

Trademark renewal involves filing a declaration of continued use with the USPTO between the fifth and sixth year after registration. Subsequently, a renewal application must be filed every ten years. By submitting required forms, images, and fees on the USPTO site, you can keep your trademark rights active as long as the mark is used in commerce. Our law firm can assist with timely renewals to ensure continued protection.

1. Trademark Renewal Timeline and Deadlines

Renewal dates start from the trademark issuance date, not the application date. The initial trademark term is ten years, renewable every decade by filing combined Section 8 and 9 documents. Seeking legal assistance for timely filings can simplify this process. Below are the specific maintenance documents required by the USPTO.

Section 8 Declaration

The Section 8 Declaration of Use or Excusable Nonuse must be filed between the fifth and sixth years of registration.

Combined Section 8-9 Renewal

To maintain a trademark beyond the initial term, file the Declaration of Use/Excusable Nonuse and Renewal Application (Section 8-9) between the ninth and tenth year, and every ten years thereafter. This includes both the Section 9 application for renewal and Section 8 Declaration.

Section 15 for Incontestability

While not mandatory, filing a Section 15 for incontestability enhances trademark rights. This requires:

• Registration on the Principal Register
• Continuous use in commerce for at least five years
• No ongoing legal disputes over the trademark

An incontestable mark has stronger legal protections.

Renewal Cancellation Period

If your trademark is unused for three consecutive years, it may be subject to cancellation. A Petition to Cancel requires a response to the TTAB within 40 days, followed by a review process. Continued use helps prevent such cancellations.

Grace Periods

If you miss a renewal deadline, there’s a six-month grace period with an additional fee. Once this period ends, the trademark registration is canceled or marked as dead.

2. USPTO Trademark Renewal Requirements

Renewal requires timely submission of specific maintenance documents. These include:

• Section 8 Declaration between the fifth and sixth year after registration
• Combined Section 8-9 Declaration and Renewal every ten years

Trademarks must remain in continuous use or have justified nonuse to avoid expiration.

3. Filing the Declaration of Use

Regular maintenance filings like the Declaration of Use ensure ongoing trademark protection. Trademark attorneys can manage these filings to meet deadlines.

Declaration Requirements

For both Section 8 and Section 9 Declarations, the USPTO requires:

• Current trademark owner’s name and address
• Registration number
• A statement listing items currently sold in U.S. commerce
• An image depicting the trademark in use with goods or services

Any discontinued goods or services should be noted when filing these declarations.

Renewing a Trademark Internationally

If you’ve registered your trademark in other countries, additional renewal documents may be required. The Madrid Protocol allows for coordinated international renewals.

4. Submit a Renewal Application

Trademark renewals are filed through the USPTO’s TEAS portal, where you can upload documents and pay fees to maintain your trademark registration.

5. Pay the USPTO Fees

Renewal fees vary by class and may include a $100 grace period fee per class. Legal support can help manage renewals and additional expenses.

6. Address Office Actions and Confirm Renewal

Once filed, expect a Notice of Acceptance, Renewal, or Acknowledgement within a few months. If issues arise, they must be resolved within six months to avoid complications with the TTAB.

Related Questions

How Much Does Trademark Renewal Cost in the USA?

Costs depend on the trademark’s class. A Section 8 Declaration is $225, a Section 15 Declaration is $200, and grace period renewals incur an additional $100 fee per class.

What If a Trademark Expires?

An expired trademark may be used or registered by others, risking your brand’s protection. Missing renewal deadlines forfeits federal rights, requiring a new registration.

How Can a Trademark Attorney Assist?

A trademark attorney can ensure timely and accurate submissions for renewals, helping meet USPTO deadlines.

Conclusion

By submitting timely renewal applications, you maintain registration and protect your brand’s intellectual property. Our attorneys assist in the renewal process, enabling continued use of your trademark and minimizing legal risks.