Can I renew a trademark if I am no longer using it?

Generally, you should not maintain a registration for goods or services on which the mark is no longer in use. However, federal trademark law permits claims of excusable nonuse in qualifying circumstances. The nonuse generally must be temporary and caused by special circumstances rather than an intention to abandon the trademark.

Trademark maintenance deadlines are measured from the federal registration date, not the original application filing date. Owners should keep their contact information current and monitor the USPTO record so important deadlines are not missed.

Federal can remain active indefinitely, but only if the owner continues to meet legal requirements. Unlike a patent with a fixed term, a trademark registration must be maintained through continued qualifying use and periodic filings with the USPTO.

For most U.S. registrations, a Section 8 declaration is due between the fifth and sixth anniversaries of registration. A combined Section 8 and Section 9 filing is generally due between the ninth and tenth anniversaries and every 10 years thereafter. A six-month grace period is generally available after these deadlines with additional fees.