Trademark Renewal Process (Part A)

If you own a business in New York and your goods or services are characterized by a federally registered trademark, then at some point in time you will need to renew your federally registered mark. To renew a trademark, you will need to file an Application for Renewal and a Declaration of Continued Use with the United States Patent and Trademark Office (USPTO).

The Declaration of Continued Use is a sworn statement, which must be filed by a trademark owner, and states that the mark is currently in use in commerce. If you have questions about how to renew a trademark, or if you want help with the renewal process, you can consult with of an experienced New York trademark lawyer.

When to File Your Declaration of Continued Use & Application for Renewal

According to the USPTO, a trademark owner must file their first Declaration of Continued Use between 5 and 6 years after the initial registration. If the Declaration of Continued Use is accepted, then the registration will continue to be enforced for the remainder of the 10-year period from the initial registration date.

To renew a trademark, a subsequent Declaration of Continued Use must be filed in conjunction with an Application for Renewal between the 9^th and 10^th years after the registration date. Because these filings coincide, the USPTO has created a form called the "Combined Declaration of Use in Commerce & Application for Renewal of Registration of a Mark." To renew a trademark, you can find this document in electronic form on the USPTO website.

If you fail to renew a trademark within these specified periods of time, then the USPTO will cancel your trademark registration.

The Filing Fee

If you do renew a trademark, the current filing fee for renewal is $100 for the standard renewal per class of goods and/or services or $400 per class of goods for using the combined form. Filing fees ranging from $100 to $200 may apply if you file within the 6-month grace period.

Before you renew a trademark, you should have a New York trademark lawyer look over your Declaration of Continued Use. A New York trademark lawyer can make sure that you have properly filled out your form, which will prevent you from making mistakes and having to repeat the renewal process.

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