When your trademark was first registered, you were required to submit a specimen demonstrating the use of your trademark in commerce. However, even if you were once using that trademark for the sale of goods and services, that doesn’t necessarily mean that you are still using that trademark. Because trademark owners are only entitled to federal registration if they are using the trademark in commerce, the United States Patent and Trademark Office requires you to periodically prove that your trademark is still in use after its initial registration.

You will have to continuously renew the trademark throughout the trademark’s lifespan:

• Between the 5th and 6th Anniversary of your registration a trademark owner is required to file a Declaration of Use and/or Excusable Nonuse under Section 8 of the Trademark Act.
• Between the 9th and 10th Anniversary, the trademark owner is required to file a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal under Sections 8 & 9 of the Trademark Act.
• Every 10 Years afterwards (20th anniversary, 30th anniversary, etc.) you will again file the Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal under Sections 8 & 9 of the Trademark Act.

If you miss one of the renewal deadlines, there is a 6 month grace period in which renewal applications will still be accepted. However, if you file during the 6 month grace period, you will be required to submit an additional fee to the USPTO. If you miss the 6 month grace period, your registration will expire or be canceled. If your registration is cancelled but you still want the benefits of trademark registration, you will have to start the application process all the way over.

If you originally registered your trademark to be protected in multiple classes of goods/services in your initial registration, but are no longer using the trademark in one of those classes, you may choose to limit your renewal to cover only the classes in which you are actively using the trademark.

You may not add new classes of goods/services to your trademark through any renewal application.

You’ll need to provide your trademark’s serial number and contact information if it has changed. You will also need to submit a “specimen” showing that your trademark is currently in use.