Trademark Renewals: A Legal Guide

Table of Contents

What can an attorney do for me?

Attorneys can provide crucial legal advice
They can conduct trademark clearance searches
They can help you enforce and maintain your trademark rights
Attorneys can represent you at the USPTO’s Trademark Trial and Appeal Board.

As a business owner in the entertainment industry, protecting your brand is essential. One important aspect of brand protection is renewing your trademarks. A trademark is a symbol, word, or phrase that identifies and distinguishes your goods or services from those of others. To maintain the protection of your trademark, you must renew it periodically. Here’s what you need to know about trademark renewals:

How often do you have to Renew a Trademark

Trademarks must be renewed every 10 years to remain valid. You can file for renewal up to six months before the expiration date, but it’s important not to let it lapse. If you fail to renew your trademark, it may become available for others to use.

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How to Renew a Trademark

To renew your trademark, you must file a renewal application with the United States Patent and Trademark Office (USPTO). You’ll need to provide your trademark registration number, the date of your registration, and proof of use in commerce. If your trademark is registered in multiple classes, you’ll need to renew each class separately.

Proof of Use

When you renew your trademark, you must show that you’re still using it in commerce. This means providing evidence of sales or marketing materials that display your trademark. If you’re not using your trademark, you may be able to file a declaration of non-use to maintain your registration.

Monitoring Trademark Renewal Deadlines

As a trademark owner, it’s your responsibility to monitor the renewal deadline for your trademark. The USPTO will send a reminder notice six months before the renewal deadline, but it’s still important to keep track of the deadline yourself. You can do this by setting a reminder on your calendar or using a trademark management software.

Working with a Trademark Attorney

If you’re unsure about the renewal process or need assistance with your trademark portfolio management, it’s a good idea to work with an experienced trademark attorney. An attorney can help you prepare your renewal application, monitor your renewal deadlines, and provide guidance on trademark strategy.

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Summary

Trademark renewals are an important part of protecting your brand in the entertainment industry. By understanding the renewal process and working with an attorney, you can ensure that your trademarks remain valid and enforceable.

As a business owner in the entertainment industry, protecting your brand is crucial, and renewing your trademarks is a vital aspect of brand protection.

When to Renew: Trademarks must be renewed every 10 years. Renewals can be filed up to six months before expiration to prevent potential lapse.

How to Renew: Submit a renewal application to the USPTO, including your registration number, registration date, and proof of use in commerce. Each registered class should be renewed separately.

Proof of Use: Demonstrate ongoing commercial use by providing sales records or marketing materials displaying your trademark. Consider a declaration of non-use if your trademark isn’t actively used.

Monitoring Renewal Deadlines: Keep track of renewal deadlines yourself, even though the USPTO sends reminders. Use calendars or trademark management software.

Working with an Attorney: Engage an experienced trademark attorney for assistance with the renewal process, deadline monitoring, and strategic guidance.

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Barry Chase

Barry Chase, Esq., Senior Partner at ChaseLawyers®, is a distinguished figure in the realm of sports and entertainment law, offering Harvard-level representation that is both cost-sensitive and exceptional. An honors graduate of Yale College (Phi Beta Kappa) and Harvard Law School, Chase's illustrious career commenced at a prominent Washington, D.C. law firm, now known as Wilmer Hale. Here, he honed his expertise in Communications and First Amendment law, representing media titans such as CBS, the Times-Mirror Company, and Time, Inc. in pivotal Federal Communications Commission (FCC) matters.

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