Sustain Your Identity – Renew Your Trademark
Last updated on April 28, 2026
The trademark renewal process occurs after the mark registers on either the Principal or Supplemental Register. Generally, the USPTO will require that the trademark owner formally declare that it is still using the mark in commerce, and thus, the USPTO’s registration of that mark should be maintained. The trademark renewal process is periodic: first, between the 5th and 6th year anniversaries of the mark’s registration and, after that, between each successive 9th and 10th year anniversaries.
With a legacy of over two decades, AU LLC stands as a paramount force in legal excellence, particularly in the realm of trademark law. Based in the vibrant city of Chicago, our distinguished team of attorneys has been providing unparalleled skill and guidance in trademark renewal services, ensuring the continued protection of our clients’ valuable assets.
Chicago Trademark Renewal Lawyers Helping Businesses Thrive
Renewing a trademark can be more challenging than you might imagine, especially amid a stalled renewal process or issues with the application.
For legal help dealing with renewal problems, look no further than the AU LLC team. Our Chicago trademark attorneys have deep experience in all legal aspects of trademark applications, renewals and registrations. Whether dealing with a stalled renewal or a problematic application, we can help you address your situation effectively.
A stalled trademark renewal can have significant repercussions, potentially leading to the loss of your trademark rights and other hardships, such as:
- Increased vulnerability to infringement
- Potential legal disputes
- Brand reputation damage
- Financial losses due to rebranding or legal fees
A trademark renewal lawyer can help you identify and resolve these issues promptly. Our lawyers have a proven track record of success with complicated trademark renewals that you can leverage for your unique situation.
Another critical service we offer is comprehensive trademark searches. Conducting thorough searches can do much to prevent potential conflicts while helping to ensure your mark is unique and protectable. We utilize advanced search techniques to identify any potential issues before they evolve into major problems.
In addition to handling searches and renewals, our team excels in trademark registration services. We have the knowledge and experience to guide you through the entire registration process, from initial application to final approval. This strategic approach can help you meet all the necessary legal requirements associated with renewing or registering trademarks.
Here are some additional trademark services we can provide:
- Reviewing your current trademark use to ensure it meets legal standards
- Preparing and filing renewal documents accurately and on time
- Communicating with the USPTO to address any issues or inquiries
- Advising on any updates or changes needed for the trademark renewal or application
- Handling opposition or challenges from third parties during the renewal process
- Helping ensure compliance with current trademark laws and regulations
- Offering strategic advice to strengthen and protect your trademarks and other intellectual property
When you place your trust in AU LLC, you can be confident that your trademark matters are in capable hands.
Answering Your Trademark Renewal Questions
As you embark on the journey of trademark renewal, it’s natural to have questions about the intricate process and its implications for your brand. Here are answers to some of the questions we receive most often:
- Do I have to file a section 15 affidavit of incontestability?
- Can I amend my mark on the supplement register to get onto the principal register?
- What happens if I do not file these renewal documents and pay the associated fees?
- What happens if I let my trademark expire?
- How often do I need to renew my trademark?
- Can I revive a dead trademark?
Do I have to file a section 15 affidavit of incontestability?
No, a Section 15 Affidavit is an optional filing limited to marks on the principal register. An owner cannot file a Section 15 Affidavit for marks on the supplemental register. While a Section 15 Affidavit is an optional filing (and expense), it is advisable as it confers “conclusive evidence of the validity of the registered mark and its registration, of the registrant’s ownership of the mark, and of the owner’s exclusive right to use the registered mark in commerce, subject to certain defenses and exceptions.” 15 U.S.C. s 1115(b).
Can I amend my mark on the supplement register to get onto the principal register?
No. If you want your mark to get onto the Principal Register, you will need to file a new application and (likely) attempt to overcome the descriptiveness problem that landed your mark on the Supplemental Register in the first place, perhaps by introducing evidence of acquired distinctiveness (e.g., continuous use of the mark for at least five years).
What happens if I do not file these renewal documents and pay the associated fees?
The mark’s registration will be canceled, and the owner will need to re-apply to re-acquire the canceled registration.
What happens if I let my trademark expire?
If your trademark expires, it will no longer stand and offer you any type of intellectual property protection. The government will consider the trademark to have been abandoned. Another individual or a company that wants to use that trademark would then have the ability to register it as their own.
This does not happen immediately, however. You will be given a six-month grace period. Even after it officially becomes abandoned, the government will not post notice of this change for two more months. But this still means that you may only have eight months before you lose your trademark and the protection it offers, so it’s very important to know exactly what legal steps to take.
How often do I need to renew my trademark?
As a general rule, you have to renew a trademark once per decade. It is only granted for the next 10 years. If you do not renew it, then it may be considered abandoned, as noted above.
Another important step to take is to file the Declaration Of Use paperwork. You have to do this after you have had the trademark for five years. This declaration shows that you are in fact still using it. So your trademark may not have expired because you haven’t yet reached that 10-year deadline, but there are still steps you’ll need to take to keep your protections in place.
Can I revive a dead trademark?
Yes, in some cases, you may be able to provide the reason why you abandoned the trademark and it may then be revived. But not all reasons would be accepted. For example, maybe you claim that a USPTO mistake was the reason for the abandonment, or perhaps you did send in the correct response, but your paperwork was incomplete. You’d simply like to rectify the mistake.
But this doesn’t mean that your request will always be granted, and this is still a complicated situation, which is why it’s so crucial to have an experienced legal professional at your side.
Is a trademark renewal expensive?
The short answer is yes, trademark renewal is indeed a significant investment. While the trademark renewal cost might seem steep, it’s essential to consider the long-term value it provides for your business and brand. Retaining a registered trademark protects your brand’s reputation, limits the potential for competitors to use confusingly similar marks, and safeguards your intellectual property. Working with an experienced trademark renewal lawyer brings peace of mind, as the renewal process requires careful handling to avoid errors that could lead to a canceled registration or costly delays.
The cost of a trademark renewal includes various fees, each of which supports the maintenance of your legal rights:
- USPTO renewal fees: The United States Patent and Trademark Office (USPTO) charges specific fees depending on the stage of renewal. These fees can increase if a grace period is needed, adding to the total expense.
- Legal fees: Hiring a trademark renewal lawyer involves legal fees, which vary based on the firm’s experience and the particular needs of your case. Attorneys work to keep your renewal process compliant with USPTO requirements, helping to prevent potential setbacks or rejections that can arise from minor errors.
- Section 8 and Section 9 Filings: To maintain your trademark, you must submit a Declaration of Use (Section 8) between the fifth and sixth years, along with a renewal (Section 9) every 10 years. Each filing has a separate cost but is critical for retaining your trademark rights.
- International considerations: If your brand operates globally, you may need to renew trademarks in multiple countries.
Though these costs may appear high, they are far less than the expenses associated with rebranding or legal disputes if someone infringes on an expired trademark. Attempting to cut corners here can lead to higher risks, particularly if your renewal application faces a rejection due to oversights or missed deadlines.
By investing in trademark renewal, you secure exclusive rights to your brand and help prevent unauthorized use, a protection that is invaluable. While the upfront trademark renewal cost may be considerable, the protection it affords your brand makes it well worth the investment.
Ensuring The Longevity Of Your Trademark
Neglecting the trademark renewal process can jeopardize your brand’s hard-earned recognition and protection. Our experienced team at AU LLC is ready to guide you through the intricacies of trademark renewal. Contact us today at 312-900-9426 or complete our online form for personalized assistance.
