Can a trademark be renewed after 10 years?
Asked by: Mr. Deshaun Cormier | Last update: May 27, 2026Score: 4.6/5 (15 votes)
Yes, a trademark can be renewed after 10 years, and can be renewed indefinitely for successive 10-year periods, but you must file specific maintenance documents (Section 8 Declaration of Use and Section 9 Renewal) with the USPTO between the 9th and 10th year, and every 10 years thereafter, proving continued use and paying fees, or risk cancellation.
Can you renew a trademark after it expires?
Yes, a trademark can be renewed after the grace period has expired, but there are specific steps and fees involved.
How long does a trade mark last?
Trademarks do not have expiration dates.
A federal trademark lasts 10 years from the date of registration, with a potentially unlimited number of 10-year renewal terms. So, every 10 years, the owner of a federal trademark registration must renew it with the U.S. Patent and Trademark Office (USPTO).
What is the lifespan of a trade mark?
What is the Lifespan of a Trade Mark? A registered trade mark can be protected forever, provided it is renewed every ten (10) years upon payment of the prescribed renewal fee.
What is the grace period for trademarks?
A six-month grace period is available. So you have only 6 months if you missed, for example, a Section 8 statement of continued use of the trademark on the goods/services identified in the registration. Additional government fees will apply.
Can trademark be renewed
What is the timeline for trademark renewal?
The holder of a trademark is at the liberty to renew the trademark indefinitely every ten years. The Registrar gives a window of six months before the end of ten years to the holder of the trademark to renew their trademark and continue enjoying the rights awarded.
What is the time limit for trademark?
(1) The registration of a trade mark, after the commencement of this Act, shall be for a period of ten years, but may be renewed from time to time in accordance with the provisions of this section.
Is it better to trademark or LLC?
An LLC protects personal assets from business liabilities (legal structure), while a trademark protects brand identity like names, logos, and slogans from copycats (intellectual property); they serve different roles, with an LLC forming the business foundation and a trademark safeguarding its brand, often used together for comprehensive business protection. Forming the LLC first offers a legal entity, but registering the trademark first secures brand rights earlier, with many recommending an availability search before either.
How often do you have to renew a trade mark?
The process of registering your trademark can take between three and four months, or longer if any objection is raised. However, once your trademark has been registered it will remain valid for a period of ten years. Once that time has elapsed, you will be required to renew your trademark to continue its protection.
What happens if I make a trademark and never use it?
Under both federal law and in New York courts, a trademark is presumed abandoned after three consecutive years of non-use. That signals the mark no longer identifies your business. If you stop using it, others can step in, register it, and use it. Your legal protection disappears.
How often should I renew my trademark?
A Trademark or Service Mark registration is active for five (5) years from the date the mark was filed with the California Secretary of State's office. Within six (6) months of expiration of the five (5) years, the mark may be renewed for another five (5) years.
What are the three types of trademarks?
Federal Mark, State Mark, and Common Law Mark
The U.S. recognizes three different legal forms of a mark. Federal marks are marks registered with the United States Patent and Trademark Office (“USPTO”). USPTO marks protect specific goods or services throughout the entire United States and its territories.
What is the fee for trademark renewal?
The official fee for trademark renewal in India is INR 9000/- for filing application for trademark renewal in one class. The official fee for filing trademark renewal with surcharge is INR 4500/- (surcharge) plus the trademark renewal fee.
What does it mean when a trademark expires?
Inability to Enforce Rights: An expired trademark typically means the owner loses the ability to enforce their trademark rights against others using a confusingly similar mark. This situation allows other businesses to use the same or similar mark without facing trademark infringement claims.
Is it better to trademark a name or logo?
Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself. With their generous set of rights, standard character marks allow you to preserve near-complete control over your business name.
What names to avoid for LLC?
You should avoid LLC names that are misleading, include restricted words like "bank" or "insurance" (unless licensed), contain offensive language or suggest illegal activity, are too similar to existing trademarks, imply professional licensing you don't have (like "CPA"), or use overused clichés (like "Apex" or "Pinnacle"). Always check your state's specific rules and ensure the name isn't already registered or trademarked.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
Can trademarks be renewed forever?
Trademarks expire every 10 years. In that time they need to be used to be eligible for renewal, and then they need to be actually renewed. So while trademarks have the potential to last forever they need to be in constant use.
What are common trademark mistakes?
Common trademarking mistakes include, but are not limited to: Poor choice of brand name. Your business name should resonate with your target customer and express what you do using a strong, memorable image or word. Failing to perform a complete search of trademark databases.
How much does it typically cost to trademark a name?
Trademarking a name costs roughly $350–$850 for basic federal filing, depending on the application type and number of goods/services classes, but can rise to several thousand with attorney fees for searching and complex filings, with ongoing maintenance fees for renewal. The primary government fee is $350 per class using the standard online form (TEAS Standard), with cheaper (TEAS Plus) or pricier options, plus potential surcharges and ongoing maintenance costs for renewal and monitoring.
What names cannot be trademarked?
Names that can't be trademarked are typically generic terms (like "Coffee" for coffee), merely descriptive terms (like "Best Tasting" for food) without proven consumer recognition, common surnames, geographically descriptive names, and marks that are deceptive, offensive, scandalous, or confusingly similar to existing marks, as well as official insignia or symbols. These are generally barred because they aren't unique enough to identify a single source or would hinder public use and fair competition.
Should I get a trademark or LLC first?
For most businesses, form your LLC first, then trademark, because the LLC becomes the legal owner of the trademark, providing asset protection and official business status, but it's wise to do a trademark search before finalizing your LLC name to avoid conflicts and costly rebranding later. Forming the LLC first establishes the entity that will own the mark, simplifying ownership, but checking name availability before formation prevents issues where your chosen business name is already trademarked.
Can I renew my trademark myself?
Can I renew a trademark myself? Usually, it's possible to renew your trademark without a lawyer in the country of your residence, however, if you have a mark registered abroad, you normally have to hire an attorney to renew it.
What happens if I don't renew my trademark?
Unlike copyrights and patents, trademarks don't have a fixed expiration date—but that doesn't mean they last forever. If you fail to renew on time, the United States Patent and Trademark Office (USPTO) will cancel your registration, making it available for anyone else to claim.