Trademark Renewal Service: Renew Your Trademark Registration in the U.S

Your trademark in the USA cannot last forever. Like in any other country, every 10 years after registration, it is time to file an application to renew your trademark. Without this procedure, you risk losing your mark for good. Moreover, there are some intermediate procedures you must conduct while your trademark is still active. Keep reading to keep your TM safe and not experience failure to file all the papers correctly.

To ensure you do everything right, it is highly recommended to hire a professional attorney for your renewal. Please contact us and keep an eye on Bonamark offers. 

How Does Trademark Renewal Work in the USA?

First things first, let's break down the terms. Each trademark is a set of your company's intellectual properties – logos, images, colors, and slogans. You can register it in almost any country of the world, including the U.S. However, your trademark's 10th anniversary is not only a reason to celebrate. Even if you're actively using your mark, the anniversary date reminds you – this is the time to renew your mark via the patent and trademark office. Otherwise, your trademark will no longer be used in commerce, and someone else could take it. Before diving into legal difficulties, see how the main process works.

Renewal Process: Step-by-Step Guide for Filing

To protect your goods and service trademark after a ten-year period, you should prepare documents and also file them before the deadline. It is highly recommended to start the whole process during the ninth year to do everything on time. See how.

Hire an Attorney

You are not obligated to hire any specialist. Legally, any trademark owner in the USA with a federal registration can conduct the original registration and the renewal. However, a foreigner should have an official representative – it will help to dive into local rules. Moreover, an attorney can lead the whole registration process, and track your trademark starting with the registration date. Afterwards, they can help to renew the TM on time and not lose it. Bonamark highly advises to hire a lawyer for your safety. 

Prepare Document for USPTO Trademark Renewal

In the USA, you need an official form to apply for a declaration of use in the patent and trademark office. This legal paper is provided by the United States Patent and Trademark Office (USPTO) and contains the following information: 

• your contact information, name, and address; 
• the trademark, including all its elements;
• the registration number of your trademark (you receive it right after trademark registration)
• a list of goods and services you provide (basically, classes)

What about the deadline? Official documents say only one thing – apply anytime BEFORE your trademark registration expires. However, the attorneys recommend preparing your declaration of use at least 6 months before the TM expires. So, the perfect timing is between the 9th and 10th years.

Fees for a Trademark Owner

You have to pay an additional fee for your TM renewal. In 2024, you pay a $350 fee for online filing and $400 for paper filing. However, the costs may differ for different situations. For example, they may be higher during a grace period or for certain classes and individual conditions – another reason to hire a professional to determine your costs and receive legal advice. 

After you apply and pay the fee between the ninth and tenth year, the process begins. The Trademark Office will examine your specimen of use and if it’s approved your trademark renewal application will be accepted. 

The U.S. Policy on Trademark Renewal: Know Your Rights and Obligations

There are some local particularities you should be aware of. See what are the US considerations on special situations and aspects of using your trademark in commerce.

Lanham Act: Understanding Section 8 Declaration and Section 9 Renewal Policy

Talking about renewal policy in the USA, you should know about the Lanham Cct, formerly known as the Trademark Act of 1946. This is a paper that regulates trademark use in the US, including the renewal and the way you file a declaration of use. In terms of renewal, you need to know about section 8 and section 9.

Section 9 is all about the renewal policy. This particular section requires you to renew the trademark every 10 years. After the renewal, your TM will be active for another 10 years straight. For this, you may find additional requirements and some particular cases for your classes and situation.

However, section 8 is worth everybody's attention. This part is also called "excusable nonuse". Each fifth and sixth year, you should file the so-called "Declaration of Use" or the declaration of continued use. It's like you are saying "I'm still here and my trademark is active". but in legal terms. But let's assume you did not use the trademark for some time. And yet, you don't want to lose it and plan to use your brand in the year following. In this case, you can apply an "excusable nonuse" paper. It explains that you did not use the trademark, however, you have reasons and you plan to improve the situation. The office action in this case hugely depends on personal factors. If your explanation is reasonable, you'll most likely be able to continue the trademark use.

Grace Period to Apply for Declaration of Continued Use

You must file a declaration for renewal during the ninth year. But what if you didn't? First, delays are a bad thing – you may be charged additional fees and get in trouble. However, there is good news. The USPTO provides a six-month grace period for all trademark owners. You can postpone the application process and send a renewal form within six months after it has expired. You'll need to notify your lawyer and the office about this situation. Also, there is an additional fee. 

Can You Change Your Trademark While Filing a Declaration

The short answer is no. After you registered your trademark, it cannot be changed. All logos, symbols, words, and colors of your first trademark will stay the same. If you want to change any element, the patent and trademark office requires a new application apart from your initial trademark. Basically, it is a separate registration process with all the following trademark services. 

Trademark Classes and Renewal: How it Works

There is only one thing you CAN change when renewing. These are classes that describe your TM's goods or services. The USA follows an international class system: classes 1-34 describe goods, and 35-45 are for services. Filing the appropriate class in the beginning is a must, yet you can change them after ten years.

When the trademark renewal timeline is coming, notify your attorney about the decision to change classes. For this, you'll need to provide a separate paper within your application. 

Online Options

USPTO not only allows but also highly recommends applying for renewal online. You need to submit and prove you're still using the mark via its official website USPTO.gov. It has the same renewal deadlines, yet the process is much faster. The program itself is called TEAS and allows the commission to regard your application much faster. Moreover, you pay fewer fees when applying online.

Cost of Trademark Renewal

As you see, the official fees are $350-$400. However, you should also pay the attorney cost. Usually, it is $300-$600. For delays and other circumstances, additional fees may be required. All in all, expect to pay around $2000 for the whole procedure. Renewal doesn't differ from the initial registration in price, but it is conducted much faster.

Contact Us

The Bonamark offers high-quality trademark search, monitoring, and support for registration and trademark renewal. If you want to pass the process quickly and with no complication, address a professional attorney and entrust your jobs to Bonamark.