How do I renew a trade mark?
Asked by: Mr. Monroe Dicki Sr. | Last update: June 27, 2026Score: 4.4/5 (35 votes)
To renew a US trademark, file a Section 8 Declaration of Use between the 5th and 6th year, and a combined Section 8 and 9 renewal between the 9th and 10th year (and every 10 years after) via the USPTO’s Trademark Electronic Application System (TEAS). You must provide a specimen showing current use in commerce and pay fees per class.
Can a trade mark be renewed?
Yes, federal trademarks can be renewed indefinitely, allowing them to last forever as long as they are actively used in commerce and renewal documents are filed on time. In the U.S., you must file a combined Declaration of Use and Application for Renewal (Sections 8 and 9) every 10 years after registration.
When can a trade mark be renewed?
Trademark registration in the U.S. must be renewed between the 9th and 10th years after registration, and then every 10 years after that. An initial declaration of use is also required between the 5th and 6th years. A six-month grace period exists for late filings with additional fees.
What to do if your trademark expires?
If your trademark is "dead" (abandoned or cancelled) in the USPTO database, you can likely revive it by filing a Petition to Revive within two months of the abandonment notice, provided the delay was unintentional and you submit required fees ($150-$250) and documents. If too much time has passed, you must file a new application, which requires a new search to ensure no new conflicts exist.
How long does it take to renew a trade mark?
Trademark renewal usually takes a couple of months to go through, depending on the country and the renewal method used. However, what makes the process smoother is the fact that the mark is not assessed again.
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What is the cost of TM renewal?
The government fee for trademark renewal is ₹9,000 per class via e-filing and ₹10,000 per class for physical filing. Late renewal (within 6 months after expiry) adds a surcharge of ₹4,500 (e-filing) or ₹5,000 (physical).
Can I renew my trademark without an attorney?
No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO). That being said, you really ought to hire an attorney if you can afford one.
How long does a trademark renewal take?
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.
Is trademarking a logo worth it?
It depends. Higher value tends to lie in name recognition rather than familiarity of a 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.
What happens when you don't renew your trademark?
If you miss the 10-year renewal, the registration is canceled, and you must start over. Once a trademark expires, time matters. The longer you wait, the greater the risk that someone else claims or registers your mark.
What are the four types of trademarks?
Trademarks are categorized by their distinctiveness and strength, ranging from strongest to weakest: fanciful/arbitrary (unique or unrelated), suggestive (implies quality), descriptive (identifies characteristics), and generic (common names). These categories determine a mark's ability to be registered with the USPTO and enforced against competitors.
Which is better, TM or R?
When you see trademarks next to brand names or logos, you often see one of two trademark symbols, an R or a ™. Each letter represents the type of legal rights the mark is protected by. A mark followed by a TM (™) indicates a common law trademark, while R (®) represents the more formal registered trademark.
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.
How do you renew a trade mark?
You can renew a trade mark yourself online (unless yours expired more than six months ago, then you may be able to apply for a trade mark renewal via post) after 10 years. You have a 12-month period to renew a trade mark which covers the six months before it expires and the six months afterwards.
Can you lose a trademark if you don't use it?
Not Using Your Trademark
The United States Patent and Trademark Office (USPTO) considers a trademark abandoned if it's not used in commerce. There are some exceptions – such as temporary periods of non-use – but if you stop using your trademark in your business, the USPTO will cancel or expire your registration.
How much does it cost to renew a trademark?
As of 2026, renewing a U.S. trademark typically costs $650 per class for a combined 10-year renewal (Section 8 and 9 filing) when filed online. This includes a $325 declaration of use fee and a $325 renewal fee. Maintenance filings between years 5–6 cost $325 per class, while late fees add an extra $100+.
Can I renew an expired trademark?
To revive an expired trademark registration, you typically need to take prompt action after the expiration. This may involve filing a petition or request for revival with the relevant trademark office, providing a valid reason for the failure to renew the registration within the required timeframe.
Is there a grace period for trademark renewal?
The USPTO provides a six-month grace period for trademark renewal (Section 8 Declaration of Use or Section 9 Renewal) after the standard deadline. A $100–$200 surcharge per class applies, and if not filed by the end of this period, the registration is cancelled, requiring a new application and risking loss of protection.