How to Extend a Trademark?

Securing a trademark is a key step in protecting your brand, but it’s not a one-and-done deal. Trademarks must be actively maintained and renewed to stay in force. If you don’t extend your trademark within specific timeframes, you risk losing your legal rights to it—leaving your brand exposed. Here’s exactly how to extend a trademark in the U.S., broken down into clear steps.

Understand the Renewal Deadlines

A federal trademark registered with the United States Patent and Trademark Office (USPTO) lasts as long as you continue to use it and meet filing requirements. But you can’t forget about the key deadlines:

• Between the 5th and 6th year after registration, you must file a Section 8 Declaration, confirming the mark is still in use.

• Between the 9th and 10th year, you must file both a Section 8 Declaration and a Section 9 Renewal to keep the registration alive.

• Every 10 years after that, you must file a combined Section 8 and 9 again.

Miss any of these deadlines, and the USPTO can cancel your trademark.

Step 1: Confirm Your Trademark Is Active and In Use

Before filing, confirm that your trademark is still being used in commerce as it was registered. That means the same logo, slogan, name, or symbol is still being used in connection with the goods or services listed in your original registration.

If the mark is no longer in use, or it’s changed significantly, you may need to refile or file an amendment. The USPTO doesn’t allow “token use”—your use must be real and consistent.

Step 2: Gather Required Documents

You’ll need:

• The registration number

• A specimen showing current use of the mark (like product labels, website screenshots, or ads)

• The filing fee (as of now, $225–$525 per class, depending on filing method)

Make sure the specimen clearly shows the trademark as used in commerce and matches the goods or services listed.

Step 3: File Through the USPTO Website

Go to the USPTO’s Trademark Electronic Application System (TEAS). There are separate forms for Section 8 and Section 9 filings. If you’re within the correct renewal window, you can file both together using the Combined Section 8 and 9 form.

Once submitted, the USPTO reviews your filing. If everything checks out, your trademark gets extended for another 10 years.

Step 4: Watch for Notices and Deadlines

Even after renewal, your responsibility doesn’t end. Set calendar reminders for future deadlines. The USPTO does send courtesy reminders, but you can’t rely on them alone.

What If You Miss the Deadline?

If you miss the renewal window, there’s a six-month grace period—but you’ll pay extra fees. Miss that too, and your registration will be canceled. You may still have common law rights, but federal protection will be gone.

Conclusion

Extending a trademark isn’t complex, but it requires attention to detail and deadlines. Think of it like renewing a driver’s license—you need to keep it current to keep using it legally. Stay organized, file on time, and keep using your trademark in commerce. That’s how you protect your brand for the long haul.