Trademark Renewals
Quick Summary: You must track your renewal dates and renew your mark before the deadline. Don’t lose your mark because you didn’t keep track of your renewal date!
After you receive your Trademark Registration, you must periodically renew your trademark rights by filing formal Renewals with the United States Patent and Trademark Office. Failure to renew your trademark will result in the loss of your trademark registration.
When Do I Have to Renew My Trademarks?
When Do I Have to Renew My Trademarks?
Trademark registrations may be renewed at year 5, and thereafter the trademark may be renewed at 10 year intervals. So if your trademark registration was issued in 2015, the 5 year renewal period would open in 2020 on the 5th registration anniversary. The 10 year registration renewal period opens on year 9, or in 2024.
When I File for a Trademark Renewal, What Do I Have to File?
When I File for a Trademark Renewal, What Do I Have to File?
There are a couple of filing deadlines you have to be aware of to maintain your trademark registration.
- Between year 5 and year 6, you have to file a §8 Declaration of Use
- After year 5, you can file a Declaration of Incontestability under §15. This is not required, but it is strongly advised.
- Between year 9 and 10, you must once again file a §8 Declaration of Use and an Application for Renewal under §9.
- To maintain your trademark, every 10 years you must file §8 Declaration of Use and a §9 Application for Trademark Renewal.
What Happens If I Don’t Renew My Trademark?
What Happens If I Don’t Renew My Trademark?
If you don’t file an application for Renewal of your trademark on time, your trademark registration will expire, and the trademark registration will be abandoned. You can re-apply for the mark with a new trademark application if you miss the renewal deadline. Contact trademark renewal attorney Angela Langlotz if you need help with your trademark renewals.
Bottom Line: If you don’t pay attention to the filing deadlines, your mark could go abandoned without you knowing it, and could open the door for a competitor to file an application for an infringing mark. This can result in expensive litigation. So make sure you file those renewals on time! Call trademark attorney Angela Langlotz today to file a trademark renewal.