Can Trademarks be Renewed?

As a trademark owner, you have to be aware of the renewal requirements. You will have a great deal of responsibility for trademark renewal and maintenance as a trademark owner, unless you elect to enroll in or trademark monitoring program. However, if you choose to maintain your trademark on your own, here are some important dates to remember:

• 5 Years – This is when your first maintenance filing is due, showing usage of your mark – see below.

  • Five years from the registration date of your trademark

  • You have one year from that date to make the maintenance filing

  • It’s called a maintenance filing / not a renewal

• 9 Years – This is when your 10 year trademark renewal is due.

  • You can file your trademark renewal after the 9th year of your original registration date

  • You have one year from that date to make the renewal filing

  • It must be filed (renewed) the day before your 10 years (original filing date)

• Every 10 Years – Additional renewals are due every ten years thereafter

  • Following the same format of being able to file the renewal in the 9th year, with the final date being one day before the 10th year (initial registration date)

Requirements of a United States Trademark Renewal filing

Once you receive your USPTO reminder email, you’ll submit a declaration of continued use. This is an affidavit indicating that your trademark has been in continuous, active, proper use in commerce. Trademarks not in active and proper use are subject to challenge or cancellation, so it’s important to maintain the strength and usage of your mark throughout its life. You’ll also need to submit a specimen which shows how you are using your trademark (e.g. a photograph of packaging for your products). As with your initial trademark application, the specimen will show how your mark is used in commerce to identify your products and/or services. There is a “zero-tolerance” cancellation policy for late renewals – once the final date passes, you’ll lose your mark.

USPTO Trademark Renewal fees

Trademark renewals (the filings due every ten years) now cost $300 per class of goods/services. Statements of continued use (which you’ll file at every due date – the fifth-year filing in addition to the ninth-year and subsequent tenth-year filings) are $100 per class of goods/services.