Protect Your Trademark, and Secure Your Business.
If you would like to renew your trademark, the deadlines are key. For new trademarks, the renewal date is between the 5th and 6th anniversary of your registration date. Take an example. Let’s say your trademark was registered on June 15, 2021; your renewal date would fall between June 15, 2026 and June 15, 2027. You can find that date by searching for your wordmark or logo HERE (just type in the name of your brand). To renew, you must file with the USPTO a document known as a “Declaration of Use or Excusable Nonuse” (often called a “DOU”) under Section 8 of The Lanham Act.
Trademark renewal requires the owner to:
Unlike LLCs and domain names, trademarks must be continually used “in commerce.” For that reason, trademark renewal is required as proof of use.
When you renew your trademark, you also have the coveted option of filing for something known as “Incontestability.” Incontestability is lawyer-speak for presumptive evidence that you own the trademark exclusively and validly. Additionally, incontestability is used to either stop a trademark infringement suit or to gain the upper hand against infringers in court. Often, clients elect to renew their trademark along with a Section 8 Declaration of Use or Excusable Nonuse. It does not make your trademark invincible, but this is as close as it can get to that status. In order to obtain Incontestable status, you must do the the following: