What is trademark renewal?

Trademark renewal is the process of keeping your registered trademark active after it is granted. It ensures your exclusive rights continue beyond the initial registration period. Without renewal, your mark may expire and lose protection.

When should I renew my trademark?

Renewals must be filed at specific intervals: between the 5th and 6th year, the 9th and 10th year, and every 10 years thereafter. Timely filings keep your rights uninterrupted. Missing these deadlines can be costly.

What happens if I miss the renewal deadline?

If you fail to renew, your trademark will be canceled, and you may lose exclusive rights. Once canceled, competitors may register similar marks. Refiling a new application may not restore your original priority.

What documents are required for renewal?

You must file a Declaration of Use or, if applicable, a Declaration of Excusable Nonuse. These confirm that your mark is still being used in commerce. Required USPTO renewal fees must also be paid.

Can Freedom IP Firm help with trademark renewal?

Yes, Freedom IP Firm helps prepare and file all necessary renewal documents. This ensures deadlines are met and filings are accurate. Professional guidance reduces the risk of accidental cancellation.

Is there a fee for trademark renewal?

Yes, the USPTO charges a fee for each class of goods or services covered in your registration. Professional legal service fees may also apply. Investing in renewal ensures long-term protection of your brand.

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Initial trademark filing and registration process.

Never forget the renewal date again! We track important deadlines and send you reminders in a timely manner, giving you ample time for action. Our system is built to safeguard the rights to your trademark—on schedule, every time.

Ensure your trademark remains active and legally protected by renewing between the 5th and 6th years from the initial registration date.

Renew the trademark once in every 10 years, ensuring that you are then forever officially protected for the future.

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USPTO Trademark Renewal Guide

Renewal application and submit the necessary fees. Every‍‌‍‍‌‍‌‍‍‌ ten years, the USPTO trademark renewal will be the main event of the process and will involve a combined declaration of use with an application for renewal submission at the United States Patent and Trademark Office (USPTO). As long as you are aware of the renewal time, fees, and filing requirements, you will not have to think about the possibility of your registration being confiscated.

Trademark Renewal Timeline

The renewal process consists of two major filings a declaration under Section 8 and a renewal application under Section 9. You must file the trademark renewal regulations and the affected costs between the 9th and 10th years of registration, and then every 10 years after that.

Required Filings

Between the fifth and sixth years:
Submit a Declaration of Use or Excusable Nonuse under Section 8. If you qualify for it, you can also file the Declaration of Incontestability under Section 15.

Between the ninth and the tenth years:
Submit the combined Declaration of Use under Section 8 and Renewal Application under Section 9.

Every Ten Years After That

Continue the Section 8 and 9 filings to keep the registration going.
These filings cannot be skipped and failure to observe this will mean losing the trademark.

Section 8 and 9 Trademark Renewal Fee Details

The Section 8 and 9 trademark renewal fee varies on the number of classes your registration covers. The current USPTO trademark renewal fees apply to each class separately and if you file during the six month grace period that follows the renewal deadline an extra fee will be charged. Filing a Section 8 trademark renewal will keep your mark valid and in commerce.

How to Renew Trademark Online

This is the procedure for completing your USPTO trademark renewal through the use of the Trademark Electronic Application System (TEAS):

Gather information:
Collect your registration number and confirm the ownership details.

Log in to the USPTO website:
Enter the TEAS system.

Select the correct form:
Opt for the combined Declaration of Use under Section 8 and Renewal Application under Section 9 form.

Complete the form:
Enter precise information regarding the mark’s use and add one specimen (e.g., tag, label, packaging, or advertisement).

Submit and pay:
Make an electronic filing and pay the USPTO trademark renewal fees via online payment.

Trademark Renewal Rules and Important Considerations

Deadline:
Make sure to file within the window of 9th to 10th year to prevent expiration.

Grace Period:
After the due date, a six-month grace period is allowed, however, the late filing will still be charged with extra ‍‌‍‍‌‍‌‍‍‌fees.

Expiration:
If the deadline and grace period are missed, the registration is considered expired, and a new application with loss of original priority date is required.

Common Questions: Trademark Renewal

If you have more questions, please give us a call or chat now with one of our Certified Trademark Specialists.

When the registration is not renewed, it can not be protected under the law. The U.S. can be an example of a place where a trademark could exist indefinitely but still requires filing of declaration of use at the 5 to 6 year and 9 to 10 year marks. The initial renewal within a 10 year renewal period cannot be made until the 11th year. A 10-year renewal period implies that the first renewal must be made only after the completion of the 10th year. Should the renewal not be done, legal rights of exclusive supremacy for the trademark will be lost.

Trademarks registrations that have lost their exclusivity are typically revived in a certain order, immediately at the expiration. The revival process is usually a matter of submitting a petition or revival request to the respective trademark office and explaining the reason for the late renewal of the registration.

Submit and send Form TM-R to the Trademark Registry. The application may be submitted online via the Indian Patent Office [IPO]'s Official portal. Otherwise, you may decide to appoint an authorized representative or agent to file the application for you.

Every 10 years You can apply for renewal during a six-month period before the expiry and up to six months beyond the expiry.

Trademark renewal can be performed online independently. If your trademark has been gone for more than six months, then the application needs to be made via post. Your trademark will be subject to renewal for twelve months including the six months preceding its expiration and the six months following its expiration.

Protection loss. The moment your trademark gets expired, you cannot claim exclusive rights over the trademark and hence cannot use it for your brand.

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