What happens if you let a trademark expire?
Asked by: Mrs. Lenore Harris DVM | Last update: May 14, 2026Score: 4.7/5 (14 votes)
If you let a trademark expire, you lose your exclusive rights to use it, potentially allowing others to use, register, or even claim ownership of the mark, leading to brand confusion, loss of goodwill, and costly rebranding; you may have a brief grace period for renewal with extra fees, but eventually, the registration is canceled, making the mark available for anyone to use.
What happens if your trademark expires?
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.
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.
How long does it take for a trademark to be abandoned?
Abandonment of a trademark occurs when the owner of the trademark deliberately ceases to use the trademark for three or more years, with no intention of using the trademark again in the future. When a trademark is abandoned, the trademark owner may no longer claim rights to the trademark.
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.
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How do I reinstate an expired trademark?
The USPTO will usually send a notice of cancellation or expiration. If a trademark registration was canceled or expired due to USPTO error, the registration owner must file a petition to revive within two months of the date of the notice of cancellation or expiration.
Does it cost money to renew a trademark?
Maintaining your registration
This has filing fees of $325 for the declaration of use plus $325 for the renewal equaling $650 per class of goods or services.
Is it better to trademark or LLC?
An LLC protects personal assets from business liabilities (legal structure), while a trademark protects brand identity like names, logos, and slogans from copycats (intellectual property); they serve different roles, with an LLC forming the business foundation and a trademark safeguarding its brand, often used together for comprehensive business protection. Forming the LLC first offers a legal entity, but registering the trademark first secures brand rights earlier, with many recommending an availability search before either.
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.
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 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 ...
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 you lose a trademark if you don't use it?
Non-use: You can't keep a trademark that you don't use. In the United States, if you fail to use a trademark in any way for three consecutive years, the United States Patent and Trademark Office (USPTO) will consider it abandoned.
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 Taylor Swift's name trademarked?
Yes, Taylor Swift has a massive trademark portfolio protecting her name, albums (like Midnights, 1989), iconic lyrics ("This Sick Beat," "The Old Taylor Can't Come to the Phone Right Now"), tour names, and even her cats (Meredith, Olivia, Benjamin) and fan terms ("Swifties," "Swiftmas") for various products and services. Her proactive strategy covers a wide range of merchandise and commercial uses to maintain brand control.
What names to avoid for LLC?
You should avoid LLC names that are misleading, include restricted words like "bank" or "insurance" (unless licensed), contain offensive language or suggest illegal activity, are too similar to existing trademarks, imply professional licensing you don't have (like "CPA"), or use overused clichés (like "Apex" or "Pinnacle"). Always check your state's specific rules and ensure the name isn't already registered or trademarked.
Is it better to trademark a name or 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. With their generous set of rights, standard character marks allow you to preserve near-complete control over your business name.
What comes first, LLC or trademark?
For most businesses, form your LLC first, then trademark, because the LLC becomes the legal owner of the trademark, providing asset protection and official business status, but it's wise to do a trademark search before finalizing your LLC name to avoid conflicts and costly rebranding later. Forming the LLC first establishes the entity that will own the mark, simplifying ownership, but checking name availability before formation prevents issues where your chosen business name is already trademarked.
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 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.
What is the grace period for trademarks?
A six-month grace period is available. So you have only 6 months if you missed, for example, a Section 8 statement of continued use of the trademark on the goods/services identified in the registration. Additional government fees will apply.
What are the 7 types of trademarks?
There isn't a single, universally agreed-upon list of exactly "7 types," as classifications vary, but common categories focus on what is protected (words, shapes, sounds) or strength/function (fanciful, descriptive), with key types including Word Marks, Service Marks, Logos/Device Marks, Color Marks, Sound Marks, Shape Marks, Certification Marks, Collective Marks, Trade Dress, Pattern Marks, Motion Marks, & Hologram Marks, often categorized by strength like Fanciful, Arbitrary, Suggestive, Descriptive, and Generic.
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.
Do you have to pay to keep a trademark?
Trademark Maintenance: After registering, you may be forced to maintain your trademark through the payment of some fees and submission of some documents from time to time. The maintenance fees range from $100 to $500 depending on the type of trademark and jurisdiction.