Registering a trademark is an important step in protecting the identity and reputation of your brand. When starting a business, your trademark helps protect your brand identity and establish legal ownership.
A business formation lawyer says when you have registered your trademark and someone uses it to promote their products or services, you can prove your rights and seek legal remedies.
Having said this, knowing the rules and due dates for registering and renewing your trademark is important. The United States Patent and Trademark Office (USPTO) maintains a database of registered trademarks that can be searched to determine if a trademark is available for registration.
In January 2025, the USPTO enforced new fees that impact the registration process for new patents. Trademark owners need to know about these changes to stay in compliance and keep the legal protections that come with their registrations.
Here’s how to renew your trademark step-by-step to protect your brand in a changing legal environment.
Understanding the Importance of Trademark
Business structure attorney R. Anthony Orsbon says, similar to how important it is to choose the right business entity type, you also need to make sure to register or renew your trademark on time so that you’ll have exclusive brand rights.
As a business owner, you should consider your trademark an investment. It helps maintain customer trust while also showcasing the uniqueness of your business.
Key Timelines and Deadlines for Renewal
Trademarks are renewed every ten years, but renewal should start early. According to the USPTO, renewal should begin six months before the expiration of your trademark registration.
Just a reminder though, state renewal timelines vary, so you must know the specific timelines and deadline imposed in your state.
Staying organized and setting alarms to remember such dates helps protect your trademark.
Gathering Necessary Documentation
Before trademark renewal, gather all necessary documents.
- Find the trademark registration certificate to prove ownership.
- Create a list of trademarked goods and services that match their use.
- Proof of changes should be provided.
- Use sales records or advertising to prove trademark use in commerce.
Preparing all relevant documents will speed up and avoid trademark renewal delays.
Filing Your Trademark Renewal Application
You can apply for trademark renewal once you have all the necessary documents. Visit the USPTO or local authority’s website. Complete the “Declaration of Use” or “Renewal Application.”
Complete the form and enter all information correctly. Pay the required filing fee. Your trademark registration fee may depend on the number of classes.
Wait for email confirmations after filing. If you need assistance, you can have an attorney help you submit your application.
Maintaining Your Trademark Protection After Renewal
Renewing a trademark is essential but doesn’t guarantee protection. Monitor the market closely. Check occasionally to see if no one else is using your trademark without your permission and detect infringements.
Stop-and-desist notices may be needed to enforce your rights if you see unauthorized people or organizations using your trademark.
Staying informed about trademark law changes can also help you protect your trademark better and longer. If you do these things right, your brand stays valuable in the market.
