What Are the Trademark Renewal Requirements?
congratulations! you have successfully registered your trademark(s)!
now you have to make sure your trademark registrations remains valid.
Between the 5th and 6th Year After Registration
To maintain a trademark, trademark maintenance documents must be filed with the USPTO between the 5th and 6th year after registration. So a trademark will only last 6 years unless these initial maintenance documents are filed. If you fail to meet this deadline, you have a six-month grace period in which you can still file but there will be an additional fee.
Between the 9th and 10th Year After Registration
Between the 9th and 10th years following the registration of your mark, you will need to file renewal documents. This also has a six-month grace period but with additional fees.
While the renewal period is legally set at 10 years, trademark cancellation could occur before this deadline. This can occur if someone files a Petition to Cancel that claims that your trademark hasn’t been used in commerce for three (3) consecutive years. The USPTO doesn’t monitor use in between trademark renewal periods, so if this occurs, it is possible that a competitor can take away your rights.
Every 10 Years Thereafter
After you submit the renewal documents between the 9th and 10th year following your registration and they are accepted, you will have to submit renewal documents every 10 years thereafter to ensure your registration remains valid.
Filing the appropriate maintenance documents doesn’t guarantee that your trademark will be renewed. Just like the original registration process, your renewal will have to go through USPTO specialists before being approved. Your trademark renewal timeline could be longer if you take advantage of the six-month grace periods following expiration. If you submit maintenance documents on time, the entire process could be complete within two months.
If are in need of trademark maintenance services or have more questions, schedule a consultation with our office!
