Trademarks have a shelf life.
Similar to your subscription with Spotify, Amazon Prime, or your driver’s license, trademarks can expire. When left unmanaged, the consequences could be devastating for your business.
Miu Epstein Lawcan help you with maintaining your valuable trademarks. Let’s quickly review how to renew your trademarks, its timeline, and possible costs.
What Does Trademark Renewal Mean?
Keeping your trademark registration alive and in good shape takes your business to another level. As the owner, bear in mind that your legal protection comes from strategic trademark monitoring for infringement and management. In effect, an essential part of it is to renew your trademark to add to its shelf life and allow you to continue to take necessary actions to maintain your brand.
So, how long does a trademark last?
The United States Patent and Trademark Office (“USPTO”) requires renewal of your trademark registration between the 5th and 6th year after initial registration, then between the 9th and 10th year after initial registration. Thereafter, you can renew your trademark registration every ten (10) years.
First Renewal Filing
(Between the 5thand 6th year after initial registration)
When: The anniversary date of your trademark registration between the 5th and 6th year from its initial registration.
Requirement: A Declaration of Use and/or Excusable Nonuse of a Markunder Section 8 will need to be filed along with an appropriate specimen showing proof of use and the required USPTO filing fees. An optional Declaration of Incontestability of Mark under Section 15 that can also be filed during this time if your mark has been in continuous use in commerce for five (5) years after the registration date or publication date and the mark is still in use in commerce.
Making sure you submit the appropriate information and documents along with adequately calendaring the time frame(s) in which to renew your trademarks is important to avoid the abandonment of your trademark.
The door is still open for late submissions, as you can still apply for trademark renewal during a six-month grace period following the expiration of the prescribed filing termas long as the late fee is also paid.
Second Renewal Filing
(Between the 9th and 10thyear after initial registration)
When: The anniversary date of your trademark registration between the 9th and 10th year from its initial registration.
Requirement:A Combined Declaration of Use and/or Excusable Nonuse and Application for Renewal under Sections 8 & 9 will need to be filed along with a specimen showing proof of use and the required USPTO filing fees.
Making sure you submit the appropriate information and documents along with adequately calendaring the time frame(s) in which to renew your trademarks is important to avoid the abandonment of your trademark.
The door is still open for late submissions, as you can still apply for trademark renewal during a six-month grace period following the expiration of the prescribed filing termas long as the late fee is also paid.
Renewal Filings Thereafter
(Every 10 years after registration)
When: Every ten (10) years after your trademark registration date.
Requirement:You will need to satisfy the requirements and filings mentioned under the Second Renewal Filing section.
Do You Have to Renew Your Trademark?
Yes, the reasons are grounded in both economic, financial, and business reasons. In order to continue enjoying the protections a trademark registration provides, it is important that your rights are not lost through inadvertently missing a renewal deadline to maintain your mark. At Miu Epstein Law, we can help keep track of your upcoming renewals and handle any necessary filings to maintain your trademark registration. Connect with us for your free initial consultation today!