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Your trademark represents your brand’s identity, setting you apart from competitors and building trust with customers. But owning a trademark isn’t a one-time process—it requires maintenance. If you don’t renew it properly, you could lose your rights, forcing you to start over or risk another business claiming your mark. The renewal process may seem straightforward, but small mistakes can lead to big problems. Taking the right steps now will help you keep your trademark secure and protect the brand you’ve worked hard to build.
Missing Renewal Deadlines
The U.S. Patent and Trademark Office (USPTO) requires trademark owners to renew their registrations at set intervals: between the fifth and sixth year, between the ninth and tenth year, and every ten years after that. If you miss a deadline, your trademark can be canceled, leaving your brand unprotected.
The USPTO does offer a six-month grace period, but renewing late comes with extra fees. If you miss both the deadline and the grace period, you’ll have to start from scratch with a new application—risking potential opposition or even losing the ability to reclaim your mark.
To avoid this, keep track of your renewal dates and set multiple reminders well in advance. If you have legal counsel managing your trademarks, confirm they have an alert system in place. A simple calendar oversight can cost you your trademark rights, so it’s best to plan ahead and file on time.
Failing to Show Continued Use
When renewing your trademark, you must prove that you’re still using it in commerce. The USPTO requires a Declaration of Use, which includes a specimen—an example of how your trademark appears on your products, packaging, website, or marketing materials. Submitting the wrong type of specimen or outdated proof can lead to a rejection.
If your trademark has evolved over time, make sure the specimen reflects how you currently use it. A modified logo, different product packaging, or a change in business services could mean your original registration no longer matches your actual use. In some cases, you may need to update your trademark to maintain protection.
Businesses that temporarily stop using their trademark risk cancellation. If you’re not actively using it but intend to resume, you may qualify for an exemption. Keeping your documentation in order and ensuring consistency with your current branding will help maintain your trademark rights.
Not Reviewing Your Trademark for Updates
A trademark should reflect your business as it exists today, not just when you first registered it. Over time, your company may expand, rebrand, or adjust its products and services. If your trademark no longer matches what you offer, you could run into problems enforcing your rights.
Renewal is a good opportunity to review your trademark and ensure it still aligns with your business. If you’ve updated your logo, changed your brand name, or expanded into new industries, you may need to file for a new trademark or adjust your existing one. Failing to do so can leave parts of your business unprotected.
Take time to assess whether your registration still serves your needs. If you’re unsure, a trademark attorney can help determine whether updates or additional filings are necessary to maintain strong protection.
Ignoring Possible Challenges
Renewing a trademark is a chance to check for potential legal issues. Other businesses may challenge your trademark if they believe it conflicts with theirs. If a competitor has filed an opposition or cancellation action, failing to address it could result in losing your rights.
Before renewal, review the status of your trademark and check for any disputes. If a challenge exists, responding quickly can help protect your brand. Ignoring potential conflicts won’t make them go away. Taking proactive steps now can prevent costly legal battles down the road.
Contact Our Experienced New Jersey Trademark Attorneys
Renewing your trademark is more than just a routine filing—it’s an opportunity to secure your brand’s future. Avoiding these common mistakes will help protect your rights and keep your trademark active. At Gearhart Law, we will guide you through the renewal process to ensure everything is handled correctly. If you have questions or need assistance, contact us today. We’ll help you keep your trademark strong and safeguard the brand you’ve worked hard to build.