What happens if I miss my trademark renewal deadline?
There is generally a six-month grace period in which the required maintenance and renewal documents can still be filed with additional fees. If the grace period also expires without a proper filing, the registration will be canceled or expire, and it generally cannot be revived through a late renewal. A new trademark application would normally be required.
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.