Re Register Trademark: Everything You Need to Know

You can re-register trademark if it has been canceled or marked dead in the USPTO database.3 min read

You can re register trademark if it has been canceled or marked dead in the USPTO database. Failure to file a renewal application before the expiry of the grace period of six months from the due date results in automatic cancellation of your trademark.

Trademark Renewal in the United States

After registering your trademark with the United States Patent and Trademark Office (USPTO), you must follow certain steps to keep your registration active; failure to do so may result in cancellation of your registration.

In addition to declaring continued use of trademark, you must periodically renew your registration by:

• Doing a Section 8 filing for declaration of use between the fifth and sixth year of registration and with every renewal thereafter.
• Doing a Section 9 filing for renewal of registration between the ninth and 10th year of registration and every 10 years thereafter.

Trademark renewal is quite expensive. Currently, it costs a government fee of $300 for each category of goods and services. Additionally, you will also incur legal fees if you hire the services of a trademark attorney for filing your renewal application. Attorneys charge anywhere between $300 and $2000, depending upon the classes of goods and other complications involved in the application process.

The due dates for filing renewal applications are measured from the date of trademark registration and not from the date of filing or publishing the trademark application.

For example, if your trademark was issued on April 16, 2013, your filing due dates would be as follows:

• Earliest date for first Section 8 filing (declaration of use): April 16, 2018.
• Due date for first Section 8 filing: April 16, 2019.
• Last date for first Section 8 filing with additional fees: October 16, 2019; if you fail to file by this date, your trademark registration will be canceled.
• Earliest date for first renewal (Sections 8 and 9 combined filing): April 16, 2022.
• Due date for first renewal (Sections 8 and 9 combined filing): April 16, 2023.
• Last date for first renewal (Sections 8 and 9 combined filing) with additional fees: October 16, 2023; if you fail to file by this date, your trademark registration will be canceled.

The trademark registration agency does not send any reminders for upcoming renewals, nor does it grant any extensions. You are solely responsible for renewing your trademark. If you miss the renewal deadline, your trademark will automatically stand canceled.

Declaration of Use

You must show that your trademark is in use by filing a Section 8 declaration of use. You must file the first declaration by the sixth year of registration and the second declaration before the 10th year. Thereafter, you must file it every 10 years.

A declaration of use filing with the USPTO must include the following requisites:

• A list of items from your trademark registration that you currently sell in the United States.
• An image that clearly shows your trademark being used on your products or with your services.
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