Your trademark isn’t just a name or a logo, it’s your brand’s legal identity. Think your brand is safe because you registered it once? Think again. Owning a trademark isn’t a one-time deal. Trademark renewal is essential to keeping your protection active.

Failing to renew can leave your brand unprotected and open to misuse, copycats, or even legal disputes. In this guide, we’ll break down everything you need to know from USPTO trademark renewal steps to deadlines and the cost to renew trademark rights in the U.S.

Why You Must Renew Your Trademark

Trademark protection is not indefinite unless maintained. By renewing your trademark, you ensure:

  • Continued exclusive rights to your brand identity.
  • Ability to take legal action against infringers.
  • Avoidance of cancellation from the USPTO register.

Renewal also serves as proof that your trademark is still in commercial use which is a key requirement for maintaining IP rights.

What Happens If You Don’t Renew a Trademark?

Letting your trademark expire has serious consequences:

  • You lose federal protection rights.
  • Competitors may register similar marks.
  • Legal action against infringers becomes harder.
  • You must reapply from scratch.

Failing to follow the USPTO trademark renewal process on time can undo years of brand building.

USPTO Trademark Renewal Rules

To keep your trademark registration active with the United States Patent and Trademark Office (USPTO), you must follow these rules:

  • First Renewal (Section 8):
    File between the 5th and 6th year after registration to show the trademark is still in use.
  • Second Renewal (Sections 8 & 9):
    File a combined Section 8 and 9 renewal between the 9th and 10th year after registration.
  • Subsequent Renewals:
    Continue filing combined renewals every 10 years to maintain protection.
  • Grace Period:
    A 6-month grace period is allowed after each deadline, but with additional fees.
  • Proof of Use:
    You must submit a specimen (e.g., product label, website screenshot) showing the trademark is still in commercial use.
  • Non-Use Exceptions:
    If not in use, you may file an explanation for excusable non-use, but this is granted under limited circumstances.

How to Renew a Trademark in the USA

The USPTO simplifies the trademark renewal process through its online system.

Filing Online Through the USPTO TEAS

All USPTO trademark renewal filings must be completed via the Trademark Electronic Application System (TEAS). Here’s how:

  1. Log in to the USPTO.gov account.
  2. Select the appropriate renewal form (Section 8, 9, or both).
  3. Upload a specimen showing the trademark in use.
  4. Pay the renewal fee.
  5. Submit your application.

Cost to Renew a Trademark

Cost to renew trademark protection varies depending on the type of filing and the number of classes covered in your registration. Here’s a breakdown:

  • Section 8 Declaration (5th–6th year): $225 per class (filed to prove continued use).
  • Section 9 Renewal (every 10 years): $300 per class (filed to maintain ownership).
  • Combined Section 8 & 9 (10-year mark and every 10 years after): $525 per class.
  • Late filing surcharge: $100 per class (if filed within the 6-month grace period after the deadline).

Tip: Filing on time helps reduce the cost to renew trademark rights and ensures uninterrupted legal protection.

Documents Required for Renewal

Depending on the stage of renewal, you’ll need to file:

  • Section 8 Declaration: Confirms the trademark is in use.
  • Section 9 Application: Requests continued registration for another 10 years.
  • Combined Filing: Often done together in the 9th-10th year.

USPTO Resources and Support

The USPTO offers various tools and help for trademark owners:

  • Trademark Status & Document Retrieval (TSDR): Check renewal deadlines and application status.
  • Trademark Electronic Application System (TEAS): File Section 8, 9, or combined renewal forms online.
  • USPTO Customer Service: Contact the Trademark Assistance Center (TAC) via phone or email for guidance.

Visit USPTO.gov for official forms, tutorials, and FAQs to assist in USPTO trademark renewal procedures.

Common Mistakes to Avoid During Trademark Renewal

Common Mistakes to Avoid During Trademark Renewal

  • Missing deadlines: Set calendar reminders to file between the 5th–6th year and every 10 years after.
  • Using the wrong or incomplete forms: Double-check form numbers and fill all required fields accurately.
  • Not providing proof of use: Submit valid specimens like product labels or website screenshots.
  • Assuming one renewal covers all trademarks: Renew each trademark registration separately.
  • Failing to update ownership info: File necessary ownership or business structure changes with the USPTO.

Professional Help for Trademark Renewal

A trademark attorney or IP agency like Emanus can ensure your trademark renewal goes smoothly. We track deadlines, prepare filings, and respond to USPTO inquiries on your behalf, saving time and preventing costly errors.

For a detailed comparison of top-rated service providers, read our article on the Best Trademark Services USA to find the right partner for your brand’s needs.

Final Thoughts on Protecting Your Trademark

Trademark renewal isn’t just paperwork. It’s your lifeline to keeping your brand safe and legally enforceable. Stay ahead of deadlines, understand the cost to renew a trademark, and consider expert help to navigate USPTO trademark renewal rules with confidence.

Partner with Emanus for stress-free trademark renewals so you can focus on growing your brand while we protect it.

Commonly Asked Questions

  • How often do you have to renew a trademark?
    Trademarks must be renewed between the 5th–6th year, 9th–10th year, and every 10 years after that.
  • Does a trademark need to be renewed?
    Yes, trademarks need to be renewed to keep them active and legally protected.
  • Is there a renewal fee for trademarks?
    Yes, the USPTO charges renewal fees depending on the section and number of classes. The basic fee starts at $225 per class.
  • How do I renew my USPTO trademark?
    You can renew your trademark online through the USPTO’s TEAS system by filing the required maintenance forms.
  • What happens after a trademark expires?
    If a trademark expires, you lose exclusive rights and others may use or register it.
  • Can I renew a trademark if I missed the deadline?
    Yes, within a 6-month grace period but you must pay an additional fee.