What to do if your trademark expires?
Asked by: scraper | Last update: August 14, 2026Score: 0/5 (0 votes)
If your federal trademark (via the USPTO) has expired, take action immediately to minimize your risk of losing your brand rights.
What happens if my trademark expires?
When a trademark expires or is canceled due to missed renewal deadlines, you immediately lose your exclusive nationwide rights to the mark, making your brand vulnerable to infringement and competitors.
What is the 5 year rule for trademarks?
The "5-year rule" for U.S. trademarks is a critical maintenance milestone. Between the 5th and 6th year of a trademark’s registration, owners must file a Declaration of Continued Use with the USPTO to prove the mark is active in commerce. Missing this deadline leads to the cancellation of the trademark registration.
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.
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.
If A Trademark Is Cancelled or Expired, Can I Use It? | Trademark Attorney Angela Langlotz Explains
How much does a trademark usually cost?
A federal trademark usually costs between $350 and $3,500+ per class of goods or services, depending on whether you file it yourself or hire a lawyer.
How long until a trademark is considered 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.
What is the renewal fee for a trademark?
After this period, you'll need to renew your trademark to keep your rights active. The renewal fees are similar to the initial registration fees: ₹4,500 per class (individuals and small entities, online filing) ₹9,000 per class (others, online filing)
Which is better, TM or R?
The ® (Registered Trademark) is objectively "better" because it provides official, enforceable legal protection. While the ™ (Trademark) is useful for claiming a mark before official approval, only the ® symbol grants exclusive national rights and the ability to sue for financial damages.
Is Taylor Swift's name trademarked?
Yes, Taylor Swift's name is heavily trademarked. Through her company, TAS Rights Management, she holds hundreds of trademarks worldwide protecting the use of "Taylor Swift" across various categories, including clothing, music, merchandise, and live entertainment.
How much is a US trademark renewal?
Renewal: Section 9 (Year 10 and Every 10 Years)
As of 2025, the renewal fee is $325 per class. You also need to file another Section 8 declaration of use at the 10-year mark. The USPTO allows these to be filed together as a combined Section 8 & 9 filing. The combined filing fee is $650 per class ($325 for Sec.
What are common trademark mistakes?
Common trademark mistakes include choosing generic or overly descriptive names, failing to conduct thorough clearance searches, and misusing the mark in commerce (such as improper specimen submissions). These errors often lead to application rejections or costly infringement lawsuits.
What are the 7 types of trademarks?
The seven types of trademarks are Product Mark, Service Mark, Collective Mark, Certification Mark, Shape Mark, Pattern Mark, and Sound Mark. Each type serves to protect unique aspects of a brand or product.
How to reinstate an expired trademark?
To revive a dead trademark in the United States, your options depend on how it died. If you missed a deadline, file a Petition to Revive at the USPTO within two to six months of the abandonment notice. If too much time has passed, your best path is to file a new application.
How many times can you renew a trademark?
Trademark renewal is possible every ten years, counting from the registration date. The service can be provided by your existing attorney, but you are free to switch representation if you wish.
What documents are needed for trademark renewal?
A copy of the registration certificate. Copy of form TM-A (form used for the original application for registering the trademark) ID and address proof of the applicant. Power of attorney if the applicant is an authorised representative or an agent.
What is the strongest trademark?
Fanciful Marks
If you want to obtain trademark protection, your best option is a fanciful mark. These are marks that have been invented solely to serve as a trademark, and they are the strongest marks.
Can I put R on my logo without registering?
Strong legal rights arise only after registration. The ® symbol, on the other hand, can be used only for registered trademarks. Using ® without registration is illegal and will result in a hefty penalty. You may start using TM as soon as a brand name or logo is adopted.
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.
What happens if your trademark expires?
When a trademark expires or is canceled due to missed renewal deadlines, you immediately lose your exclusive nationwide rights to the mark, making your brand vulnerable to infringement and competitors.
Can I renew my trademark without an attorney?
The USPTO provides online tools and resources that make it relatively easy to renew your trademark yourself. You generally do not need to go through your original lawyer to renew your trademark.
Can I trademark a logo for free?
You cannot register a trademark for free because every application filed with the U.S. Patent and Trademark Office (“USPTO”) must be accompanied by a non-refundable filing fee. This fee is mandatory and is non-refundable. The USPTO filing fee is $250 or $350 per class of goods or services.
What are the three requirements of a good trademark?
There are multiple requirements for trademarks and for litigation around trademark infringement, but there are three primary requirements businesses need to be aware of: Trademark distinctiveness, use in commerce, and lack of conflicts.
Did Taylor Swift trademark her name?
Yes, Taylor Swift has extensively trademarked her name. She first applied to trademark "Taylor Swift" in 2007 and has since secured dozens of trademarks protecting her full name, the name "Swift," and her signature across various merchandise categories (like clothing, jewelry, and instruments).
Can you buy an abandoned trademark?
You cannot buy an abandoned trademark from the government because it is not a physical asset. However, once a mark becomes legally abandoned, its original protections are lost, allowing you to either purchase the residual rights from the previous owner or apply to register it yourself.