What is a trademark renewal and when must it be completed?
A trademark renewal is the process of keeping a trademark in effect after the registration period has expired. In New York, trademarks must be renewed every 10 years in order to stay valid. When a trademark is registered, the owner is granted exclusive use of the trademark for a set period of time, usually between 10 and 20 years. Once the registration period is up, the trademark owner must file a renewal application with the US Patent and Trademark Office (USPTO). The renewal application must be filed before the expiration of the current registration period in order to maintain the trademark protection. If the renewal application is not filed in time, the trademark registration expires and the trademark owner may lose their exclusive rights to the trademark. If the trademark expires, anyone can use the trademark, making it difficult for the owner to protect their legal rights if someone else begins using it. Trademark owners can check the status of their trademark registration at any time by looking at the USPTO’s online database. Renewal forms should be completed six months before the expiration date and all required documents and fees must be submitted along with the application. If the renewal application is not completed in time, the trademark owner may be able to file a late renewal application, but the owner must still submit the required documents and fees.
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