How much does it cost to reinstate a trademark?
Asked by: Dr. Jaycee Cartwright II | Last update: January 31, 2026Score: 4.5/5 (67 votes)
Reinstating a trademark in the U.S. generally involves a $250 Petition to Revive fee for an abandoned application, payable to the USPTO, plus potential attorney fees and fees for completing overdue filings (like usage declarations or renewals) if applicable. Costs vary significantly depending on the reason for abandonment, the number of classes, and whether you use a lawyer, but expect at least the $250 fee for revival and potentially hundreds more for overdue maintenance filings per class.
Can you reinstate a trademark?
The United States Patent and Trademark Office (USPTO) "abandons" a trademark application when timely response to an Examining Attorney's office action is not received. You can file a petition to "revive" an abandoned application if your delay in responding to the office action was unintentional.
How much does it cost to revive a trademark?
Fee to revive your abandoned application
If your application is abandoned for not timely responding to an office action, for example, you may file a petition to revive your application. The cost to file is $250.
Is there a fee to renew a trademark?
For example, every 10 years, regardless of the underlying basis of the registration, you must submit a declaration of use or excusable nonuse and an application for renewal. This has filing fees of $325 for the declaration of use plus $325 for the renewal equaling $650 per class of goods or services.
What happens if your trademark is cancelled?
What happens if my trademark is cancelled? You will lose legal protection for the trademark, and you may need to re-register it if you wish to use it again.
How Much Does It Cost to Maintain A Trademark Registration
What happens when a trademark lapses?
If your trademark expires, the following can occur: Loss of protection. Once your trademark expires, you lose the exclusive rights to use the trademark for your brand. You may not be able to enforce your trademark rights if another business uses a similar trademark.
How long does a trademark cancellation proceeding take?
A TTAB proceeding, whether it's an opposition or cancellation case, is not a quick process. These proceedings can take anywhere from 12 months to several years to reach a resolution, depending on the complexity of the case and the willingness of the parties to settle.
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.
Is there a grace period for trademark renewal?
The USPTO offers a six-month grace period after the trademark renewal deadline during which you can still file maintenance documents, but you must include a late fee ($100 for electronic filing, $200 for paper). However, once this period expires, the registration is irreversibly canceled.
How long does it take to revive a trademark?
Time is not on your side. The USPTO allows you to petition to revive an abandoned application within two months of receiving a notice of abandonment. If you missed a deadline without realizing it, you might still be within the six-month window for certain filings.
Is it better to trademark or LLC?
An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business.
What is a reasonable fee to charge?
Under California law, the “reasonableness” of attorneys' fees in a given situation is driven not so much by the specific terms of the fee arrangement between the attorney and client, but rather, by the fair market value of the legal services rendered in that case.
How many times can you renew a trademark?
As long as you continue to use the mark in commerce and adhere to renewal requirements, your trademark can be renewed indefinitely, offering enduring protection for your brand. This feature underscores the importance of continuous and consistent use of your mark in business activities.
Can I use a dead cancelled trademark?
When a trademark is “dead,” it means that anyone can use it without fear of legal repercussions from the original trademark owner. A Dead Trademark is generally available for anyone else to register, making it an opportunity to take ownership of an old, inactive logo or phrase.
Can a lapsed patent be restored?
Under section 60 to 61 of the Indian Patents Act 1970, the lapsed patent can be restored; if it is proved by the patentee that the failure to pay fees was unintentional and pending renewal fees is paid within 18 months from the date on which the patent ceased to have effect.
How much does trademark renewal cost?
How Much Does Trademark Renewal Cost? If you are filing a declaration of use after five years, it's $225 for each class (if filed before the grace period). Filing a Declaration of Use after five years merged with a Declaration of Incontestability is $425 for each class (if filed before the grace period).
Do you need a lawyer to renew a trademark?
Do You Need a Lawyer to Renew Your Trademark? No—even if you hired a lawyer to register your trademark initially, you don't necessarily need one to renew it for you. However, it is very important to get it right to avoid additional fees and to ensure you don't lose your registration.
Can someone steal my logo if it's not trademarked?
If your logo is registered with the USPTO (U.S. Patent and Trademark Office), you have a strong legal foundation to stop others from using it. But even without registration, you may still have common law rights if you've been using the logo consistently in commerce.
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.
What is the cheapest trademark?
What is the cheapest way to trademark? There is a free option to get a trademark for your name, logo, or phrase. The way to get a free trademark is to establish common law trademark rights by using your mark to brand your business, products, or services.
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.
Which is better, TM or R?
Use ™ (TM) for an unregistered trademark to claim rights to a brand name or logo in commerce, signaling you intend to own it; use ® (R in a circle) only after your trademark has been officially registered with a national patent and trademark office (like the USPTO) for full legal protection and nationwide rights. Using ® prematurely is misleading, while ™ establishes your common law rights and deters infringement before formal registration.
How long does a trademark stay active?
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).
Is trademark fee refundable?
No. Trademark authorities do not refund fees if they reject a trademark registration application. The cost of our Registration Request includes the official fees to submit the application to the local Trademark Office as well as the legal fees for reviewing, preparing and following up on your application.