How to Renew Your Trademark and Maintain Its Protection
As a trademark owner, one of the most important steps you can take is to keep your trademark registration active and in good standing. If you’ve already registered your trademark, congratulations! You’ve taken a huge step in protecting your brand. But did you know that your trademark doesn’t last forever? It needs to be renewed periodically to maintain its protection. In this article, I will guide you through the process of renewing your trademark and keeping it safe for years to come.
What is a Trademark Renewal?
A trademark renewal is the process of keeping your trademark registration up to date by filing a renewal application with the United States Patent and Trademark Office (USPTO). Trademarks, like other legal protections, don’t last indefinitely. They require periodic maintenance to stay active. If you fail to renew your trademark, you could lose the exclusive rights to your brand name, logo, or slogan.
When Do I Need to Renew My Trademark?
In the United States, once your trademark is registered, it is typically valid for ten years. However, to keep it active, you must file specific documents to renew it. The first renewal comes after the first five years of registration, and then you will need to renew it every ten years. Here is a breakdown of the renewal timeline:
5-Year Deadline: Between the fifth and sixth year after your trademark is registered, you must file a Declaration of Use (Section 8). This document affirms that you are still using your trademark in commerce. If you fail to do so, your trademark registration may be canceled.
10-Year Deadline: After the 10th year, you must file a Combined Declaration of Use and Application for Renewal (Section 9). This document both affirms that the trademark is still in use and requests a renewal of your trademark registration. You must file this document every ten years after the initial registration.
It's important to note that while the USPTO will send you reminders about your renewal deadlines, you are ultimately responsible for making sure your trademark is renewed on time.
Steps to Renew Your Trademark
Now, let’s dive into the steps you’ll need to take to renew your trademark. While it may seem complicated at first, don’t worry—I’ll walk you through each part of the process.
Step 1: Check Your Renewal Deadline
Before you begin the renewal process, you’ll want to make sure you are within the correct filing period. You should receive a reminder from the USPTO, but it’s always a good idea to check your renewal deadlines on your own.
You can use the USPTO’s online database, called TESS (Trademark Electronic Search System), to look up your trademark and find out when it was registered and when you need to file your next renewal.
Step 2: File the Declaration of Use (Section 8) After 5 Years
If it’s been five years since your trademark registration, you’ll need to file a Declaration of Use. This document must be filed between the fifth and sixth year of your trademark’s registration. The Declaration of Use proves that you are still actively using the trademark in commerce.
You’ll need to provide proof of use—such as images of your product, packaging, or advertisements showing the trademark in use. If you’re unable to show that the trademark is still in use, the USPTO may cancel your registration.
Step 3: File the Combined Declaration of Use and Renewal Application (Section 9) After 10 Years
Once your trademark has been registered for 10 years, you’ll need to file a Combined Declaration of Use and Application for Renewal. This document serves two purposes: it affirms that the trademark is still in use in commerce and requests that your trademark registration be renewed for another 10 years.
The USPTO requires that you provide proof of use again. Just like with the Declaration of Use, you’ll need to submit images or other evidence that shows you are actively using your trademark. Be sure to review your trademark and make sure it still aligns with your products or services, as this will help you provide accurate evidence.
Step 4: Pay the Renewal Fee
There is a fee associated with filing the renewal application. The fees can vary, so it’s important to check the USPTO website for the most current fees. Generally, the fee is based on the number of classes of goods or services your trademark covers.
If you have multiple trademarks or different types of goods or services under your registration, be sure to account for all the classes when calculating the renewal fee.
Step 5: Keep Track of Renewal Dates
Maintaining a calendar of important renewal deadlines is crucial. If you miss a renewal deadline, you may risk losing your trademark protection. Even if you file your renewal late, there is still a grace period for filing, but it comes with an additional late fee. So, it’s always best to stay on top of your deadlines and file early.
Step 6: Monitor Your Trademark
Trademark maintenance doesn’t stop with renewal. After your trademark is renewed, you must continue to monitor it. This means keeping an eye out for unauthorized use or potential infringement. You’ll need to take action if someone else starts using your trademark without permission. The USPTO doesn’t enforce trademarks for you—it’s your responsibility to protect your brand.
You can hire a trademark attorney (like myself!) to help monitor your trademark, or you can do it yourself by regularly searching for similar trademarks and ensuring no one is violating your rights.
What Happens if I Don’t Renew My Trademark?
If you fail to renew your trademark, your registration will expire, and you may lose the exclusive rights to your brand. This means someone else could potentially register a similar trademark, and you may not be able to stop them.
Additionally, if you stop using your trademark and fail to file the proper documents, the USPTO could cancel your registration. It’s essential to maintain your trademark by filing renewals on time and continuing to use it in commerce.
Conclusion
Renewing your trademark is an essential part of maintaining its protection. By following the steps outlined in this article, you can ensure your trademark stays active and continues to safeguard your brand for years to come. Always keep track of your renewal deadlines, file the necessary documents, and be sure to monitor your trademark for potential infringement. By doing so, you’ll be protecting your business and ensuring that your hard-earned brand stays in your hands.
If you have any questions about the renewal process or need assistance with your trademark, feel free to reach out to a trademark attorney. As a trademark attorney in Westminster, CA, I’m here to help guide you through the complexities of trademark law and ensure your brand remains protected!
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