What happens if a trademark is not renewed?

When you let a trademark lapse, either by missing the renewal window or failing to prove genuine use, you risk more than just losing a certificate. Your exclusive rights evaporate, your brand becomes vulnerable to copycats, and third parties can challenge or cancel your registration entirely.

Below, we outline the key consequences of non-renewal and non-use, and explain how you might restore or retain protection.

The Immediate Consequences: What Happens When a Trademark Expires

1. Loss of Exclusive Legal Rights

The moment your trademark registration expires, you lose the exclusive right to use your mark in connection with the registered goods or services. This means:

• You must stop using the ® symbol immediately
• Legal presumption of ownership disappears
• Priority rights in the trademark are forfeited
• Federal trademark protection ceases

2. Your Mark Returns to Public Domain

One of the most serious consequences of what happens if trademark is not renewed is that your mark becomes available for others to claim:

• Immediate availability: Other businesses can file new applications for your expired trademark
• First-come, first-served: The first new applicant may gain rights to your former mark
• Rebranding risk: You might be forced to rebrand if someone else secures your trademark
• Customer confusion: Similar marks adopted by others can confuse your customers

3. Complete Loss of Enforcement Power

Understanding what happens when a trademark expires includes losing all enforcement capabilities:

• No infringement claims: You cannot sue others for trademark infringement
• No customs protection: Border enforcement against counterfeit goods stops
• No opposition rights: You lose standing to oppose similar trademark applications
• Weakened legal position: Any remaining common law rights are significantly diminished

4. Brand Dilution and Market Confusion

What happens if a trademark is not renewed often leads to brand protection gaps:

• Competitors may adopt confusingly similar marks
• Brand goodwill becomes vulnerable to dilution
• Customer loyalty may transfer to imitators
• Market position weakens without trademark protection

Cancellation for Non-Use: Another Path to Trademark Loss

In many jurisdictions, lack of genuine commercial use can trigger cancellation actions, sometimes automatically:

• Automatic cancellations: Offices in the U.S., Philippines, Puerto Rico, Haiti, etc., require periodic proof of use. Failure to file these declarations leads to automatic removal.
• Third-party petitions: In countries like Canada, EU, China, Japan and over 40 others, any party can petition to cancel a registration after 3–5 years of non-use.
• Scope of cancellation: Cancellation may strike the entire registration or only unused goods/services classes.

“Use it or lose it” is a global trend: most offices demand proof of use, and what qualifies as “excusable non-use” varies by jurisdiction.

Can Trademark Registration be Renewed After the Deadline?

The good news about what happens if trademark is not renewed is that many jurisdictions offer second chances:

Grace Period Renewals

Most trademark offices provide grace periods for late renewals:

• Typical duration: 2-6 months after official expiration
• Additional fees: Late renewal requires surcharge payments
• Full restoration: Successfully renewed trademarks regain full protection
• Retroactive effect: Protection is restored back to the original expiration date

Revival and Restoration Options

When grace periods expire, some jurisdictions allow trademark registration to be renewed after extended delays:

• Petition process: Formal revival applications with detailed explanations
• Higher fees: Restoration typically costs more than grace period renewals
• Stricter requirements: May need proof of excusable non-renewal
• Limited timeframes: Usually available for 1-2 years post-expiration

Lastly, other jurisdictions require you to file a brand-new application.

Steps to Recover Your Trademark

If you're facing the consequences of what happens when a trademark expires, follow these recovery steps:

1. Check Grace Period Status
   Confirm if you’re still within the late-renewal window and calculate any additional fees.
2. Contact the Trademark Office
   Verify your renewal options and deadlines directly with the national or regional IP authority.
3. File a Late Renewal or Restoration
   Submit the required forms, pay standard and surcharge fees, and provide any proof-of-use if needed.
4. Monitor Cancellation Petitions
   If a third party petitions for non-use cancellation, respond promptly or seek to negotiate a coexistence or re-use plan.
5. Re-File If Necessary
   If restoration isn’t possible, prepare a fresh application taking care to secure priority and update your specimen.
6. Seek Professional Assistance
   Engage trademark renewal specialists, like iGERENT, to navigate deadlines, handle office actions, and maximize your chance of recovery.

In summary, whether you're managing a single trademark or a global portfolio, implementing robust renewal monitoring systems and understanding your recovery options ensures your intellectual property remains protected. When facing trademark expiration, quick action and professional guidance often make the difference between successful recovery and permanent loss of valuable brand rights.

Remember: trademark registration can be renewed after expiration in many cases, but the window of opportunity is limited and the costs increase over time. Don't let valuable trademark rights slip away due to missed deadlines or administrative oversights.