What is the timeline for trademark renewal?
Asked by: Jovan Klocko | Last update: February 6, 2026Score: 4.8/5 (20 votes)
The trademark renewal timeline in the U.S. requires filings at specific intervals with the USPTO: between years 5-6 (Section 8 Declaration), and then every 10 years thereafter (Section 8 Declaration + Section 9 Renewal). A crucial 6-month grace period exists for each deadline, but it comes with a surcharge, and missing these windows results in cancellation.
How long do you have to renew a trademark?
Within one year before the end of every 10-year period after the registration date, or within six months of the end of the 10-year period, you must file a Combined Declaration of Use or Excusable Nonuse Application for Renewal under Sections 8 and 9 and pay applicable fees.
What is the timeline for trademarks?
The timeline for trademarks can take anywhere from a few months to multiple years, depending on your trademark application filing basis. However, the current wait time for a new application is approximately 8-14 months.
How often do you have to renew a trade mark?
Once your trade mark has been renewed it should remain registered for another ten years, provided you take active steps to use and enforce your mark when necessary. You should diarise when the next renewal date is and set a reminder for six months' prior to this to ensure that you file the next renewal request on time.
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 Maintain a Trademark | Trademark Renewal Timeline | How to Keep a Trademark
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.
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.
How much does trademark renewal cost?
How Much Does Trademark Renewal Cost? If you are filing a declaration of use after five years, it's $225 for each class (if filed before the grace period). Filing a Declaration of Use after five years merged with a Declaration of Incontestability is $425 for each class (if filed before the grace period).
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 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.
What is the time frame for trademark?
Duration of Trademark Validity
Under Section 25(1) of the Trademark Act, a registered trademark in India is valid for a period of ten years from the date of application or the last renewal. This means that after Trademark registration, the trademark it remains valid for ten years.
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.
How often must a trademark be renewed after its initial renewal?
After the first renewal, trademarks must be renewed every 10 years by filing a Combined Declaration of Use and Application for Renewal. This ensures your trademark remains active.
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.
What names cannot be trademarked?
You can't trademark names that are generic (like "Coffee" for coffee), merely descriptive (like "Fast Shipping" for delivery), misleading, or that use official government symbols or names; surnames are difficult unless widely recognized, and offensive terms are generally prohibited, all to keep common language and essential product descriptors open for public use.
Can I trademark a name myself?
Unlike surnames, personal names (first names and first names used with last names) can act as trademarks without proof of secondary meaning because they are considered to be inherently distinctive.
Can I put TM on my logo without registering?
If you want to claim a mark as your own before it has been officially registered, you can use the trademark symbol if you sell goods, ™, or the service mark symbol if you sell services, SM. You can use these even if you have not filed an application to register your mark.
Is it better to copyright or trademark a logo?
While copyrights protect creative works, trademarks provide you with exclusive rights to specific words or symbols associated with your business. Trademarks can protect the use of a company's name and its product names, brand identity (like logos), and slogans.
What are the new fees for USPTO 2025?
The USPTO 2025 fee schedule, effective January 19, 2025, brought significant changes, including higher fees for excess claims (doubled for claims over 20) and independent claims, increased RCE (Request for Continued Examination) fees, new surcharges for late/long-running continuation applications, and tiered fees for large Information Disclosure Statements (IDSs), all aimed at stabilizing USPTO finances, with some trademark fees also adjusted. Key increases include RCEs (to $1,500/first, $2,860/subsequent), excess claims (to $200/each over 20), and new IDS surcharges ($200-$800 for 50-200+ citations).
What is the cheapest way to trademark?
DIY filing is the cheapest way to get a trademark, but it's not risk-free.
Can I put a Nike logo on a shirt for personal use?
Keep in mind that a trademark is different from copyright and offers protection to words, phrases, symbols, and designs that identify goods and services like Nike's “swoosh” or their slogan “Just Do It.” Using a trademarked logo without permission, even if it's for personal use, can also result in legal issues.
What is the 3 month rule for copyright?
The "copyright 3 month rule" refers to a key deadline for U.S. copyright registration: you must register your work within three months of its first publication (or before infringement begins) to be eligible to claim statutory damages and attorney's fees in a copyright infringement lawsuit, which can be crucial for remedies beyond just an injunction. Failing to meet this deadline means you generally can only sue for actual damages (harder to prove) if infringement occurs, but registration is still vital for other benefits and to sue at all, notes Donahue Fitzgerald LLP and Cotman IP.
Can I trademark a logo I made on Canva?
Trademarks and logos
For that reason, you cannot use any Free or Pro content from Canva's library in a trademark (except for fonts, basic shapes and lines). If you want to design a unique logo for a trademark, you can: Use any of our fonts.