What happens if you don't renew a trademark?
Asked by: Celine Bernhard | Last update: February 19, 2026Score: 5/5 (4 votes)
If you don't renew a trademark, you lose your exclusive rights, meaning others can use your brand name or logo, risking infringement and brand dilution; the mark is canceled from the USPTO, potentially requiring you to rebrand or undergo costly legal battles to reclaim it, though a 6-month grace period with extra fees exists for late filings.
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 long can a trademark go unused?
How long do trademarks last? The length of a federal trademark registration term is 10 years, but trademarks can potentially last indefinitely. Unlike patents and copyrights, trademarks do not expire after a set period of time.
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.
Can a trademark be renewed after 10 years?
Trademark registration is valid for a period of 10 years from the date of application. The trademark can be renewed further for every 10 year periods thereafter. Application for renewal of the trademark can be filed on or before 6 months, before the expiry of the registration.
Trademark Renewal Process: What Happens If I Don't Renew My Trademark In Time?
What to do if your trademark expires?
In such cases, you would need to file a new trademark application, subject to examination and potential opposition by other parties. Therefore, it is advisable to monitor the renewal dates of your trademarks and initiate the renewal process in a timely manner to avoid any lapse in protection.
Is there a grace period for trademark renewal?
An application for renewal must be filed within one year before the expiration date of the registration, or within the six-month grace period after the expiration date of the registration.
Can you lose a trademark if you don't enforce it?
You did the work, filed the paperwork, and finally got the green light from the U.S. Patent and Trademark Office. But what happens next matters even more. If you don't defend that trademark, you could slowly lose the legal protection you worked so hard to secure.
What is the rule 37 of trademarks?
Further, Rule 37 of Trade Marks Rules, 2017 states that 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 ...
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 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.
Can I buy a dead 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.
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.
How common are trademark lawsuits?
How Many Trademark Infringement Lawsuits Were Filed in 2020? In 2020, there were 11,941 trademark infringement lawsuits filed in the United States. This figure illustrates the significant number of disputes that reach the litigation stage, emphasizing the aggressive stance businesses take to protect their trademarks.
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 are the 4 types of trademarks?
The four main categories of trademarks, ranked by strength, are Fanciful/Arbitrary, Suggestive, Descriptive, and Generic, with Fanciful/Arbitrary being the strongest (e.g., Kodak, Apple for computers) and Generic being the weakest (e.g., "Aspirin" for pain relievers, which cannot be trademarked). These categories determine how much distinctiveness a mark has and the level of legal protection it receives, with fanciful/arbitrary marks being inherently strong and generic terms never receiving protection.
How long can you hold a trademark without using it?
Length of Abandonment
Once a trademark is not used for three years, it is considered presumptive abandonment. If it's still listed as 'live' with the USPTO, though, you'll have to go through the trademark cancellation process to have the rights revoked.
How to avoid trademark violations?
How to Avoid Accidental Trademark Infringement
- Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked. ...
- Enlist help. ...
- Consider general liability insurance. ...
- Register your trademark. ...
- Document your findings.
Is Taylor Swift's name trademarked?
Yes, Taylor Swift has trademarked many aspects of her brand, including her name, album titles, song lyrics, tour names, and even her cats' names, to control commercial use, prevent unauthorized merchandise, and maintain brand integrity, protecting everything from music to apparel and digital content across numerous countries. Her proactive strategy involves trademarking common phrases like "This Sick Beat," tour titles like "The Eras Tour," and even unique terms like "Swiftmas" and "Taylor-Con," securing control over her extensive creative output and brand extensions.
What is the penalty for trademark?
According to Section 103 of The Trade Marks Act, 1999: Imprisonment: An infringer can face imprisonment for a term not less than six months and up to three years. Fines: Monetary fines can range from a minimum of ₹50,000 to a maximum of ₹2,00,000.
Can you go to jail for trademark infringement?
The penalties for criminal copyright and trademark infringement can be severe, involving: Imprisonment: Convictions can result in significant prison terms. For instance, under 18 U.S.C. § 2320, a first offense involving counterfeit trademark goods can lead to up to ten years in prison for an individual.
Can you renew an expired trademark?
For example, in the U.S., if a trademark registration lapses due to non-renewal, the owner has six months after the expiration date to file a petition to revive the mark. This process involves submitting a petition, paying a penalty fee, and providing evidence that the failure to renew was unintentional.
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 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.