What happens if you don't renew your trademark?
Asked by: Marianna Daugherty | Last update: June 25, 2026Score: 4.9/5 (24 votes)
If you don't renew your trademark with the USPTO, your federal registration will be canceled, and you will lose exclusive nationwide rights to your brand. While you may still hold common law rights, you lose the ability to use the ® symbol, and others could legally use or register your mark.
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 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.
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.
Can an expired trademark be renewed?
Can You Renew a Trademark After It Expires? Yes, sometimes you can renew an expired trademark, but the window is tight. For federal registrations, the USPTO allows a six-month grace period to file late, with an added fee. During that time, the mark remains active, but barely.
What Happens If I Don’t Renew My Trademark? | Trademark and Patent Law Experts News
Can you lose a trademark if you don't enforce it?
However, a failure to enforce a trademark by monitoring the mark for misuses will result in a weakening of the mark and loss of distinctiveness, which can lead to a loss of the 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.
Which is better, TM or R?
The ® (Registered) symbol is better for legal protection, as it signifies a federally registered trademark with the USPTO or equivalent national office. The ™ (Trademark) symbol is used for unregistered marks, indicating a claim of ownership under "common law" but with limited legal strength.
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.
Did Taylor Swift trademark her name?
Yes, Taylor Swift has extensively trademarked her name, "Taylor Swift," along with her signature, initials, album titles, lyrics, and phrases, primarily through her company TAS Rights Management, LLC. She first applied to trademark her name in 2007, with registrations dating back to 2008 covering music, merchandise, and live performances.
How long does it take to renew a trademark?
U.S. trademark registrations must be renewed between the 9th and 10th year after registration, and then every 10 years thereafter (e.g., 19th–20th, 29th–30th). A six-month grace period is available, but incurs extra fees. Additionally, a mandatory "Declaration of Use" (Section 8) is required between the 5th and 6th year.
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.
Can you take over an expired trademark?
Yes, you can adopt a "dead" (abandoned or canceled) trademark, but it is not automatically "up for grabs" and carries significant risk. While a dead status means the previous federal registration won't block you, common law rights may still exist if the original owner is still using the mark. You must file a new application and complete the full registration process.
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.