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Can You Lose Your Trademark Rights?

Mar 26, 2024
 

Trademarks are powerful tools for protecting your business. They help people recognize your brand and stop others from copying your name, logo, or slogan. But here’s something many business owners don’t realize: you can lose your trademark rights—even after it’s been officially registered.

And one of the easiest ways to lose it? Missing a renewal deadline.


What Is a Trademark Renewal?

When you register a trademark, it’s not a one-and-done process. While getting that registration is a big milestone (and a big win for your brand), keeping that trademark active requires maintenance—specifically, filing renewals at certain times.

Think of it like renewing your passport or driver’s license. It doesn’t last forever. If you forget to renew it, you lose the legal protection that came with it.


What Happens If You Miss a Renewal Deadline?

If you miss the deadline to renew your trademark, the United States Patent and Trademark Office (USPTO) can cancel your registration. That means:

  • You lose your exclusive rights to the trademark.

  • Others might be able to register or use a similar mark.

  • You’ll have to start the application process all over again if you want to get those rights back.

This can be a huge setback—especially if you've built a reputation around your brand and now someone else can legally copy it.


Understanding the Trademark Renewal Timeline

Here’s a quick look at how renewals work in the U.S.:

  • First Renewal: Between the 5th and 6th year after your trademark is registered, you must file a Declaration of Use (Section 8). This shows that you’re still using the trademark in your business.

  • Second Renewal: At the 10-year mark, you need to file both a Declaration of Use and a Renewal Application (Section 9).

  • Ongoing Renewals: After that, you must renew the trademark every 10 years to keep your protection active.

According to the USPTO, thousands of trademarks are canceled every year simply because owners fail to file on time. That’s money, effort, and brand equity—gone.


Why You Should Work With a Trademark Lawyer

Keeping up with deadlines can be hard—especially when you’re running a business. That’s where a trademark lawyer comes in.

A good lawyer won’t just help you file your initial application—they’ll stick with you for the long haul. They’ll:

  • Track your trademark’s renewal deadlines.

  • Send reminders when it’s time to file.

  • Help you prepare and submit the right documents.

  • Make sure everything is done correctly, so you don’t lose your rights.

Many business owners assume their trademark is “forever” once it’s registered. But without someone to monitor those key dates, it’s easy to let a renewal slip through the cracks.


Think Long-Term: Protect Your Brand for Life

You’ve worked hard to build your brand. Your trademark is part of that identity—and losing it over something preventable would be a major setback.

So here’s your action plan:

  1. Know your deadlines. Mark them on your calendar or have a system to track them.

  2. Keep using your trademark. You’ll need proof of use for renewals.

  3. Hire a trademark lawyer. Let them help you manage the renewal process and avoid mistakes.


Final Thoughts

Registering a trademark is a big step toward protecting your business. But the work doesn’t stop there. To keep your trademark—and all the rights that come with it—you need to renew it on time. Missing a deadline could mean losing your brand’s legal shield and having to start from scratch.

Don’t let that happen to you. Work with a lawyer who stays on top of your trademark long after it’s registered. That way, your brand stays safe, strong, and fully protected—now and into the future.

Ready to Protect Your Brand?

Book a free consultation call with us today to get expert guidance on trademark registration and protection.

(OrĀ at leastĀ download ourĀ Ultimate Trademark Checklist to make sure you're covering all the bases.)

Yes - I'm Ready to Protect My Brand!
DID YOU KNOW?

You HaveĀ ZERO RIGHTSĀ to Your Brand Without Trademarks!

We’re talking business names, logos, slogans . . . even podcast titles. Lots of entrepreneurs don’t protect their trademarks until it’s too late. So we made a short, free video to help you avoid the biggest, most dangerous mistakes that business owners make.

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