Remember the process you went through to obtain your trademark registration? If you did it alone, you know that achieving registered trademark status with the United States Patent and Trademark Office (USPTO) isn’t always easy. Wouldn’t you hate to lose it? Unfortunately, thousands of trademarks are lost every year — not due to lack of use, but because their owners fail to understand the trademark renewal process.
Many people mistakenly believe that the USPTO will notify them of their trademark renewal deadlines. However, this is not the case. The responsibility to renew your trademark falls solely on the trademark owner. Missing these deadlines can result in losing your rights to the mark entirely.
How Often Is Trademark Renewal Necessary?
The first renewal filing is due between the fifth and sixth year after your trademark registration date. This filing is known as the Section 8 Declaration of Use, which confirms that the mark is still in use for the specified goods or services. After this, you will need to file a Section 9 renewal and another Section 8 Declaration every ten years from the original registration date to maintain your trademark rights.
To accommodate delays, the USPTO offers a six-month grace period for missed deadlines, but filing during this window comes with additional USPTO fees. If you miss this grace period, your trademark registration will be canceled. Regaining rights to the mark would require filing a brand-new trademark application, which is both costly and time-consuming. And, in case you’ve forgotten, the trademark application and registration process can take at least six months (assuming the best possible scenario).
It’s important to know that the maintenance and renewal process doesn’t just preserve your rights — it keeps your trademark protection intact, ensuring others can’t use your mark without permission.
What Happens If You Don’t Renew Your Trademark?
Failure to renew your trademark on time means the cancellation of your registered trademark. Once canceled, the mark becomes vulnerable to being claimed by someone else. If that happens, you would need to restart the entire trademark application process.
Even under the best circumstances, the trademark registration process can take at least six months to complete. A canceled mark can result in costly disruptions, including losing your mark as a brand identifier for your goods or services.
I Handle Trademark Renewals For You
My office specializes in providing trademark renewal services, ensuring your trademarks are maintained without any missed deadlines. By relying on our services, you can focus on running your business while we manage the critical trademark maintenance process.
When you let me handle your renewals with my trademark protection services, I go beyond simply filling out the forms. I provide regular updates on the status of your renewal application, notify you about any issues, and ensure all necessary maintenance documents are filed on time.
With my services, you also gain access to proactive protections:
- Confusingly Similar Trademark Searches: I regularly check the USPTO trademark database for new filings that may conflict with your existing mark. Early detection prevents potential trademark infringement and ensures your trademark rights remain protected.
- Expert Assistance with Office Actions: If the USPTO issues any Office Actions during the renewal process, I will handle them for you. Whether it’s providing evidence of use in commerce, addressing missing details, or responding to legal correspondence, I will ensure your renewal is processed as smoothly as possible.
By choosing my trademark renewal service, you can eliminate the risks of missing deadlines, paying unnecessary fees, or losing your federal trademark entirely.
Can I Handle My Trademark Renewals Myself?
Yes, you can file the necessary maintenance and renewal documents on your own, but it’s a risky approach. Many businesses fail to keep track of critical deadlines, which can result in expensive consequences. Missing a renewal deadline often leads to the loss of trademark protection, forcing you to start over.
Additionally, the renewal process can be complex. For example:
- You must file a Section 8 Declaration six years after the registration date to confirm the mark’s use in commerce.
- Every ten years, you must file a combined Section 8 and Section 9 to keep your trademark registration active.
- If your mark has been in continuous use for five years, you may also file a Section 15 Declaration of Incontestability, which strengthens your trademark rights.
Errors or omissions during the renewal process can lead to delays, higher fees, or even cancellation of your registered trademark. Hiring a trademark attorney can help avoid these pitfalls.
What Do Trademark Renewals Involve?
Renewing a trademark involves several critical steps:
- Filing the correct documents, such as the Section 8 Declaration or the combined Section 8 and Section 9.
- Submitting proof of the trademark in commerce, such as photos, labels, or other specimens that show the mark being used for your goods or services.
- Paying the required USPTO fees, which vary depending on the number of trademark classes and the timing of your filings.
Our Trademark Services
In addition to trademark renewals, we offer comprehensive services to protect and maintain your trademark rights:
- Trademark Search: Conduct thorough searches to ensure your mark is unique and not at risk of being contested.
- Federal Trademark Registration: File your application with the USPTO to secure your mark under federal trademark law.
- Office Action Response: Address any legal issues raised by the USPTO during the registration or renewal process.
- Trademark Protection: Monitor for potential infringement and take legal action if necessary.
Don’t Risk Losing Your Trademark
Missing a trademark renewal deadline can jeopardize years of work. Contact us to learn more about our trademark renewal service, and let us help protect your mark for the long term.
Whether you’re filing your first renewal application, maintaining your registered trademark, or need guidance with trademark law, we’re here to support you. Reach out today to safeguard your brand’s future!
