Trademark Renewal 2025 Guide

Registering a trademark is an important step in protecting a business’s brand, but trademark renewal is what keeps that protection active. Without renewal, a business could lose its exclusive rights to its name, logo, or slogan. This means another company could register the same trademark and gain legal ownership of the name.

If a trademark isn’t renewed on time, the owner may face costly legal battles in a trademark trial or even have to rebrand entirely. Renewing a trademark is a straightforward process, but missing deadlines can result in additional fees or the complete loss of trademark rights. This guide walks through the steps to renew a trademark and maintain its protection.

What is trademark renewal, and why is it required?

A trademark doesn’t last forever without maintenance. Trademark renewal is the process of confirming that a trademark is still in use and ensuring it remains legally protected. The United States Patent and Trademark Office (USPTO) requires periodic renewals to prevent inactive or abandoned trademarks from blocking new applicants.

Trademark Registration vs. Trademark Renewal

• Initial trademark registration – The first step in obtaining legal protection for a brand. Once a trademark is registered, it provides exclusive rights to use the name, logo, or slogan in connection with specific goods or services.
• Trademark renewal – Required to keep the registration active. If a trademark owner fails to renew, the USPTO may cancel the registration, making the trademark available for others to claim.

International Trademark Renewal

For businesses with international trademarks, renewals follow different rules. The Madrid Protocol allows companies to renew multiple international trademarks through a single application, but renewal deadlines and fees vary by country.

When do you need to renew a trademark?

The USPTO has specific renewal deadlines that trademark owners must follow:

• First renewal – Between the 5th and 6th year after registration, trademark owners must file a Declaration of Use (Section 8) to confirm that the mark is still in use.
• Second renewal – Between the 9th and 10th year after registration, owners must file both a Declaration of Use (Section 8) and an Application for Renewal (Section 9).
• Ongoing renewals – To keep the trademark active, trademark owners must file both a Declaration of Use (Section 8) and an Application for Renewal (Section 9) every 10 years after that (between the 19th and 20th years, 29th and 30th years, etc.).

Grace Periods and Late Renewal Penalties

If a renewal deadline is missed, the USPTO provides a six-month grace period during which the owner can still renew the trademark by paying an additional late fee. If the grace period expires, the trademark is canceled, and the owner must reapply for registration, potentially losing rights to the name.

How to Renew a Trademark Step by Step

Step 1: Confirm eligibility for trademark renewal

Before renewing, confirm that the trademark is still in active commercial use. The USPTO requires proof that the mark is being used in commerce, such as product packaging, a website screenshot, or marketing materials.

Step 2: Submit a Declaration of Use (Section 8) and/or Declaration of Incontestability (Section 15)

• Section 8 Declaration of Use – A required filing that confirms the trademark is actively being used in business. The first of these would be filed after the trademark has been in use for five years.
• Section 15 Declaration of Incontestability – An optional filing available after five years that strengthens the trademark by limiting legal challenges to its validity. For this, the trademark must meet certain legal requirements, including at least five years of continuous use in commerce.

Step 3: File trademark renewal (Section 9) before the deadline

Between the ninth and 10th year of trademark registration, the owners must file a Trademark Renewal (Section 9) along with another Declaration of Use (Section 8). This process must be repeated every 10 years to maintain trademark protection.

Step 4: Pay USPTO renewal fees

As of 2025, the USPTO fees for trademark renewal are:

• Declaration of Use (Section 8) – $325 per class
• Registration Renewal (Section 9) – $325 per class
• Combined Declaration of Use and Application for Renewal (Sections 8 and 9): $650 per class
• Declaration of Incontestability (Section 15) (optional) – $250 per class
• Late renewal fees – An additional $100 per class if filed within the six-month grace period

Step 5: Track the renewal status and ensure continued compliance

After filing, check the Trademark Status and Document Retrieval (TSDR) system on the USPTO website to track the application status. Trademark owners should also continue using the mark in commerce and monitoring for potential infringement to maintain strong trademark protection.

Common Mistakes to Avoid When Renewing a Trademark

Missing Renewal Deadlines

Failure to submit maintenance documents on time can lead to trademark cancellation, forcing the owner to restart the trademark application process and risk losing rights to the name.

Failing to Show Continued Use

The USPTO requires proof that a trademark is still in use. Submitting incorrect or insufficient evidence can result in renewal denial. Acceptable proof includes things like product packaging, advertising materials, or website screenshots showing the mark in active use.

Not Updating Business or Ownership Details

If a business has changed ownership or rebranded, the trademark registration must be updated. Filing the appropriate amendments helps ensure the trademark remains in good standing and is linked to the correct owner.

What happens if you forget to renew a trademark?

Consequences of Non-Renewal

If a trademark is not renewed by the deadline, the USPTO will cancel the registration. This means the trademark loses federal protection, and another business could claim the name. Reapplying does not guarantee approval, especially if someone else has already registered a similar mark.

USPTO Grace Period

Trademark owners have a six-month grace period after the renewal deadline to submit late filings with an additional late filing fee. If this window closes, the only option is to file a new trademark application, which restarts the entire federal trademark registration process and may leave the brand unprotected in the meantime.

When to Consult a Trademark Attorney

If a business has missed renewal deadlines for a trademark or service mark, is unsure about filing requirements, or needs help proving trademark use, a trademark attorney or trademark renewal service can assist with the renewal process and potential reinstatement options.

International Trademark Renewal Considerations

Renewing trademarks registered outside the United States requires understanding the specific procedures and timelines of each jurisdiction. For businesses that have filed for international trademarks through the Madrid Protocol, the renewal process is centralized, simplifying management across multiple countries.​

Note that these renewal processes are in addition to the renewal processes for maintaining a federal trademark.

How Trademark Renewals Work for International Filings

Madrid Protocol Trademarks

The Madrid Protocol, administered by the World Intellectual Property Organization (WIPO), allows trademark owners to seek protection in multiple member countries through a single international application. An international registration under the Madrid System is valid for a ten-year period from the registration date and can be renewed every 10 years thereafter. Renewal can be done online through WIPO’s eMadrid platform or by submitting the official renewal form (Form MM11). It’s crucial to renew on time, as failure to do so can result in the cancellation of the international registration and all associated protections. 

European Union Intellectual Property Office (EUIPO) Trademarks

Trademarks registered with the EUIPO, known as European Union Trademarks (EUTMs), are also valid for 10 years from the filing date and can be renewed indefinitely in 10-year periods. The EUIPO sends a renewal reminder to the trademark owner or their representative six months before the expiration date. Renewal requests should be submitted, and the corresponding fees paid, within this six-month period. Late renewals are possible within a six-month grace period after expiration but incur additional fees. 

Renewal Timelines and Differences

While both the Madrid Protocol and EUIPO require renewals every 10 years, there are differences in procedures and fee structures. For instance, the EUIPO charges a basic fee of €850 for the first class of goods or services, with additional fees for extra classes. In contrast, WIPO’s fees for renewing an international registration under the Madrid Protocol are independent of the number of classes but may vary depending on the designated countries. 

Managing Global Trademark Renewals

For businesses operating internationally, it’s essential to monitor renewal deadlines across different jurisdictions to maintain continuous trademark protection. Utilizing centralized systems like the Madrid Protocol can streamline the renewal process, but attention to each region’s specific requirements and timelines is crucial to avoid unintentional lapses in protection.

Trademark Renewal Checklist and Next Steps

Final Checklist for Successful Trademark Renewal

• Confirm the trademark is still in active use
• Determine which renewal documents (Section 8, Section 9, or Section 15) need to be filed
• Gather acceptable proof of continued trademark use
• File renewal applications before the deadline to avoid late fees
• Track the application status and keep documentation up to date

Renewing a trademark is essential to keeping your brand legally protected. If you’re preparing for an upcoming renewal, check your trademark status today to ensure you meet all requirements and deadlines.e difficulties protecting your brand if another company registers a similar name in a different industry before you expand.