What happens if a trademark expires?
Asked by: Ted Herzog | Last update: June 21, 2026Score: 4.8/5 (35 votes)
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.
Do I have to renew my trademark after it expires?
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 happens if you let a trademark expire?
Once a trademark expires, the protections vanish. That means you no longer have the exclusive right to use that mark within your industry in New York. Another business could legally begin using a similar name or design.
Can I buy a trademark if it expired?
No, you can't actually buy expired trademarks like purchasing a physical asset. When a trademark expires, it doesn't become property you can purchase from the previous owner. Instead, expired trademarks become available for new registration through the standard application process.
How to reinstate an expired trademark?
To revive a dead (abandoned) trademark application, file a Petition to Revive with the USPTO within two months of receiving the notice of abandonment, or within six months if no notice was received. The delay must be labeled "unintentional," and a fee is required. If the trademark was already registered and then cancelled/expired, you generally must file a brand-new application.
If A Trademark Is Cancelled or Expired, Can I Use It? | Trademark Attorney Angela Langlotz Explains
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 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.
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.
Can I trademark a logo for free?
There is no way to register a logo trademark for free because you will always have to pay at least a small fee that covers the costs of examining and processing your trademark application. There is no way to get a federal trademark for free.
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: ...
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 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.
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 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.
Is Taylor Swift's name trademarked?
Yes, Taylor Swift’s name is heavily trademarked. Her name, signature, and numerous phrases are registered through the U.S. Patent and Trademark Office and worldwide to protect her brand across merchandise, music, and entertainment, managed by TAS Rights Management, LLC. As of 2026, she has expanded this to include voice and likeness protection against AI.
What is the average cost to trademark a logo?
Trademarking a logo with the USPTO generally costs $𝟑𝟓𝟎 per class of goods/services in government filing fees for a standard application as of 2026. While a "do-it-yourself" (DIY) approach can cost roughly $350–$450 per class, total costs can rise to $1,000–$2,500+ per class if hiring an attorney for legal advice, search, and filing.
What comes first, TM or R?
First, the brand is launched with the ™ symbol. Then, a trademark application is filed. Once registration is granted, ™ is replaced with ®.
What names cannot be trademarked?
Non-trademarked names, or generic terms, are words that define a product or service category rather than a specific brand. Examples include "computer," "pizza," "coffee," or "bank". Unlike brand names, these cannot be exclusively owned because they are essential for public communication and competition.
Which one is better, TM or R?
You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The R symbol indicates that this word, phrase, or logo is a registered trademark for the product or service.
Can I trademark a name myself?
Yes, you can trademark your name, but it is not automatic. To register a personal name as a trademark with the USPTO, you must prove it has acquired "secondary meaning," meaning consumers associate the name with your specific goods or services, rather than just as a person's name. It must be used in commerce, be distinctive, and not cause confusion with existing marks.
What are common trademark mistakes?
Failure to Consider Potential Scope of Use
A company often fails to consider the scope of use of the mark. The initial plan may be to use a proposed mark in connection with only one or a few products. But as the brand develops there may be a desire to expand the use to related or even unrelated products and services.
What is stronger than a trademark?
A patent provides stronger protection because it prevents anyone else from making, selling, or using an invention without the patent owner's permission. A trademark simply prevents other parties from marketing similar products in a manner that confuses consumers.
Is McDonald's R or TM?
TM Symbol Copy
It means the McDonald's company logo is a registered trademark and protected under the law.