Yes, registered trademarks do expire if they’re not renewed. Most countries grant trademark protection for 10 years initially, and you’ll need to renew your registration before it expires to maintain your exclusive rights. The good news is that trademarks can be renewed indefinitely, so your brand protection can last forever as long as you keep up with renewals and continue using your mark in commerce.
What happens when a registered trademark expires? #
When your registered trademark expires, you lose all exclusive rights to use that mark in connection with your goods or services. The trademark gets removed from official registers, meaning anyone can potentially register the same or a similar mark. Your competitors could legally start using your brand name, and you’d have no legal recourse to stop them.
There’s an important distinction between trademark expiration and abandonment. Expiration happens when you don’t renew your registration on time, while abandonment occurs when you stop using your mark in commerce for an extended period (typically three years or more). Both result in loss of rights, but expiration is purely administrative and can sometimes be fixed.
Most countries offer a grace period after expiration, usually six months, during which you can still renew your trademark by paying additional fees. During this grace period, your trademark maintains some protection, though it’s technically expired. After the grace period ends, your trademark is completely dead, and you’d need to file a brand new application if you want to protect it again.
The consequences extend beyond just losing protection. If you’ve built significant brand recognition, losing your trademark means losing a valuable business asset. Your marketing efforts, customer loyalty, and brand reputation could all be undermined if competitors start using your expired mark.
How long does trademark protection actually last? #
Trademark protection typically lasts for 10 years from the registration date in most countries, including the United States, European Union, United Kingdom, and China. Some jurisdictions have different initial terms – for instance, Canada grants 15-year terms for trademarks registered before 2019. After this initial period, you must renew your registration to maintain protection.
The brilliant thing about trademarks is that they can last forever through successive renewals. Unlike patents or copyrights that eventually expire and enter the public domain, trademark renewal can continue indefinitely as long as you keep using the mark in commerce and pay the renewal fees. Some brands have maintained their trademark registrations for over a century.
Your trademark rights depend on two key factors: proper maintenance through renewals and continued use in commerce. If you stop using your trademark for your goods or services, you risk abandonment even if your registration is current. Most countries require proof of use at various points, either during renewal or through separate declarations.
Different countries have varying requirements for maintaining trademark validity. In the US, you must file maintenance documents between the 5th and 6th year, then renew between the 9th and 10th year. The EU has a simpler system with just the 10-year renewal requirement. Understanding these differences is crucial for international brand protection.
When should you renew your trademark registration? #
You should start the trademark renewal process 6-12 months before your registration expires. Most trademark offices open the renewal window six months before the expiration date, giving you plenty of time to prepare documents and ensure nothing falls through the cracks. Setting calendar reminders at least a year in advance helps prevent last-minute scrambles.
The exact renewal timeline varies by country. In the United States, you can file for renewal between the 9th and 10th year of registration, with a six-month grace period after expiration. The European Union allows renewals six months before expiration and provides a six-month grace period with additional fees. China requires renewal within 12 months before expiration, with a six-month grace period available.
For businesses with multiple trademarks or international registrations, implementing a trademark maintenance calendar is essential. Track each registration’s filing date, renewal deadlines, and any interim maintenance requirements. Many companies use specialized software or work with trademark attorneys to manage these deadlines.
Consider conducting a trademark search before each renewal to ensure your mark hasn’t become generic or that similar marks haven’t been registered. This proactive approach helps identify potential conflicts early and allows you to strengthen your position before renewal. It’s also a good time to review whether your trademark still covers all the goods and services you’re offering.
What documents and fees are required for trademark renewal? #
Trademark renewal requires submitting official renewal forms along with government fees that vary by jurisdiction and the number of classes your trademark covers. You’ll typically need to provide your registration number, current owner information, and confirmation that the mark is still in use. Some countries require specimens showing how you’re currently using the trademark in commerce.
Government renewal fees differ significantly between countries. The cost usually depends on how many classes of goods or services your trademark covers. Some jurisdictions offer reduced fees for electronic filing versus paper submissions. Additional fees apply if you file during the grace period after your trademark has technically expired.
In certain jurisdictions, particularly the United States, you must submit proof of continued use with your renewal. This includes specimens showing your trademark on products, packaging, or in connection with services. Acceptable specimens might include product labels, website screenshots, or marketing materials that clearly display your mark in commercial use.
The renewal process becomes more complex for international registrations. If you’ve registered through the Madrid System, you’ll renew through WIPO, which then notifies individual countries. Direct national registrations require separate renewals in each country. Working with trademark attorneys can simplify this process, especially when dealing with language barriers and varying national requirements.
Can you restore an expired trademark registration? #
Yes, you can often restore an expired trademark registration, but your options depend on how long it’s been expired and the specific country’s rules. Most jurisdictions offer a grace period of six months after expiration during which you can still renew by paying additional late fees. This is your best chance to restore your trademark with minimal complications.
Beyond the standard grace period, some countries allow restoration through petition processes. In the US, you might file a petition to revive if you can show the delay was unintentional. These petitions require additional documentation explaining why you missed the deadline and often involve substantial fees. Success isn’t guaranteed, and the process can take several months.
The decision between restoration and re-registration depends on several factors. If your trademark has been expired for years, re-registration might be your only option. However, you risk someone else having registered a similar mark in the meantime. A trademark search before attempting restoration helps assess whether your original mark is still available.
Time is critical when dealing with expired trademarks. The longer you wait, the fewer options you have and the more expensive the process becomes. If restoration isn’t possible, you’ll lose your original filing date and priority, which could be problematic if competitors have filed similar marks. Acting quickly when you discover an expired registration gives you the best chance of maintaining your brand protection.
Understanding the trademark renewal process helps protect your valuable brand assets for the long term. Regular monitoring of renewal deadlines, maintaining proper use of your marks, and staying current with registration requirements ensures continuous protection. If you’re managing multiple trademarks or international registrations, professional guidance can help navigate the complexities of different renewal systems. Don’t let your trademark protection lapse – if you need assistance with renewals or have questions about maintaining your registrations, contact us for expert support in protecting your brand worldwide.
