How to renew a trademark after 5 years?
Asked by: Sigmund Crist | Last update: June 27, 2026Score: 4.8/5 (5 votes)
To renew a trademark after 5 years (between the 5th and 6th anniversary of registration), file a Section 8 Declaration of Use with the USPTO to confirm the mark is still in commerce. This, or a combined §8 and §15 declaration for incontestability, is required to prevent cancellation, with a 6-month grace period available for an extra fee.
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.
How to renew an expired trademark?
To renew an expired trademark with the USPTO, you must file a combined "Section 8 Declaration of Use" and "Section 9 Renewal Application" within a six-month grace period after the deadline, paying extra fees. If this grace period passes, the registration is canceled, and you must file a new application or, in limited cases, a petition to revive if the delay was unintentional.
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.
Can trademark be renewed
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.
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.
How many times can you renew a trademark?
Within six (6) months of expiration of the five (5) years, the mark may be renewed for another five (5) years. The mark may be renewed every five (5) years as long as the mark is in continual use.
What happens if you let a trademark expire?
When a trademark expires, the owner loses exclusive rights and federal protection for their brand, allowing competitors to potentially use or register the mark. The mark becomes "dead" in the USPTO database, making it harder to sue for infringement and reducing brand value. While a six-month grace period exists to renew with fees, failure to do so requires a new application.
What documents are needed for trademark renewal?
Documents Required for Trademark Renewal
Trademark Registration Certificate – A copy of the original trademark registration certificate as proof of ownership. Identity & Address Proof of the Proprietor – E.g. a government-issued photo ID and address proof of the trademark owner (or authorized signatory).
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.
What is the rule 37 for trademark?
- An applicant for registration of a trademark may, whether before or after acceptance of his application but before the registration of the trademark, apply in Form TM-M accompanied by the prescribed fee for the correction of any error in or in connection with his application or any amendment of his application: ...
How do I renew a trade mark?
Renewing your trademark can be done independently online. If your trademark expired over six months ago, you may need to make your application via post. You have a period of 12 months within which you can renew your trademark, covering the six-month period before its expiry and then the six months following its expiry.
What is the cost of trademark 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). Professional agent fees range from ₹2,000 to ₹5,000 additionally.
What happens after a trademark expires?
You can renew the trademark after that but with an extra fee. For example, in India, a six-month grace period applies following the expiration date; however, the owner will pay a late fee for it. In some jurisdictions, if the grace period is missed, the registration may be cancelled.
Can you renew a trademark after it expires?
Federal law provides that each registration may be renewed for successive 10-year periods by filing a renewal application within the year before the expiration of the current ten-year term, or within a six-month grace period after expiration.
How much does it cost to pay a lawyer to get a trademark?
Registering a US federal trademark yourself will likely cost between $250 and $2,000. You can choose to file the trademark application yourself (costing $250 per class of products or services) or hire a trademark attorney to guide you through the process (costing up to $2,000).
What is the rule 47 of the trademark law?
Section 47 of Trademark Act helps remove registered trademarks that owners don't use in business. Section 47 ensures trademark rights depend on active use and not just registration.