A trademark is any symbol, design, word, or phrase that identifies and distinguishes the goods or services of one business from those of another. It is a valuable asset that helps build consumer loyalty and brand recognition. Once a trademark is registered, its initial term is only for 10 years, after which it must be renewed for an additional 10 years in order to be kept alive. If done properly, a trademark can be renewed for as long as it is in use.
Unlike patents and copyrights, trademarks can be renewed indefinitely
A trademark can potentially last forever as long as it is used in commerce and renewed every 10 years. Patents and copyrights have limited terms and at some point expire and fall into the public domain – meaning that anyone can use them. However, trademarks never fall into the public domain as long as they are renewed. The legal requirements to renew a trademark include:
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- The trademark must be used in connection with the goods or services for which it was registered;
- The trademark must be used in interstate commerce from the time it was granted, unless there is excusable non-use;
- A renewal application is filed within six months before the expiration of the registration period by filing a Section 8 and / or Section 9 declarations.
What are the renewal deadlines for a trademark?
The current maintenance and renewal deadlines to keep a federal trademark alive are as follows:
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- Between the 5th and 6th year after the registration date, a Declaration of Use And/Or Excusable Nonuse must be filed.
- Between the 9th and 10th year after the registration date, a Declaration of Use And/Or Excusable Nonuse and an Application for Renewal must be filed.
- Every 10 years, i.e., between the 19th and the 20th year, etc., etc., after the renewal application, a Declaration of Use And/Or Excusable Nonuse and an Application for Renewal must be filed.
The key, as with any deadline, is to file them early and accurately. Renewals that do not comply with the technical requirements of the USPTO could be rejected. But as long as the above requirements are met, a trademark will not expire or be canceled, and the owner will continue to enjoy the exclusive right to use it in connection with its goods or services.
If you have any questions about maintaining or renewing your trademark, please contact us today for a free consultation.
