Renewing your trademark is simple in theory but easy to miss in practice. Here’s what you need to know to keep your registration active:
1. Timing & Fees
- Renewal window: Most offices allow renewal filings 6 months before and up to the expiration date.
- Grace period: If you miss the deadline, many countries offer a 2–6 month grace period (with additional fees).
- Post-grace lapse: Without renewal (or after grace), your mark expires and you must file a brand-new application, opening the door to competitors.
2. Required Documents
- Renewal form: Complete the official renewal application on your national IP office portal.
- Power of Attorney (POA): If you appoint a new agent, submit a fresh POA. Some jurisdictions require notarization or legalization.
- Proof of use (if required): A few countries demand a specimen or declaration of ongoing use at renewal.
3. Online vs. Offline Filing
- Online portals: Many IP offices (USPTO, EUIPO, etc.) let you renew entirely online: log in, upload your documents, pay fees, and receive confirmation.
- Paper filings: Where online isn’t available, send signed forms, POA and payment via mail or courier.
4. Consequences of Non-Renewal
- Lapsed protection: Your trademark rights cease, and the mark returns to the public domain.
- Re-application risk: A new application restarts the clock but offers no priority. Third parties may register the same mark first.
- Enforcement gap: Without a valid registration, you lose the legal presumption of ownership and cannot use ®.
For details on typical term lengths and exceptions, see How Long Can a Trademark Last?
Keeping Your Registration Alive
Renewing isn’t the only obligation. Across most jurisdictions you must also use your mark in commerce and file periodic maintenance declarations to prove that use or risk cancellation.
1. Demonstrate Ongoing Use
- Regular proof: Simply filing once isn’t enough. Many offices require a sworn declaration plus a specimen (e.g. product label, website screenshot or brochure) showing your mark in active use.
- Audit programs: Some jurisdictions randomly audit live registrations. If audited, you may need to submit extra evidence or delete unused goods/services from your registration.
2. Maintenance Filings & Deadlines
- Mid-term declarations: In the U.S., for example, you must file a “Declaration of Use” between years 5–6 and again in years 9–10 (and every 10 years thereafter) under Sections 8 & 71. Madrid‐based extensions follow a similar cadence.
- Grace periods: Missing a deadline often triggers a short grace window (2–6 months) with extra fees. Beyond that, the mark lapses.
- International registrations: For marks registered via Madrid, renewals and use-proofs must also be filed with WIPO’s International Bureau on its own schedule.
3. Updating Your Record
- Ownership changes: If your company name or structure changes, record it via an assignment or “change of name” filing (or MM5/MM9 in Madrid cases) before submitting maintenance documents.
- Goods & services edits: Delete any categories you no longer use. Doing so before your declaration avoids later office actions and extra fees.
- Agent/POA updates: If you switch local counsel, supply a fresh Power of Attorney as required by that jurisdiction.
4. Common Pitfalls to Avoid
- Outdated information: Inaccurate owner or address details can nullify your filing.
- Invalid specimens: A specimen that doesn’t clearly show bona fide commercial use will lead to refusal.
- Scam notices: Only trust official IP office domains (e.g. “uspto.gov”, “euipo.europa.eu”). Third-party mailings often demand bogus fees, ignore them.
5. What Happens After Filing?
Within 1–2 months most offices will issue either:
- Notice of Acceptance/Renewal: Your registration stays live.
- Office Action: You must respond to any deficiencies (e.g. missing POA, invalid specimen) or face cancellation.
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