Congratulations! You’re the proud owner of a (Federal) trademark! You made a smart business decision to secure the trademark that represents your brand. Now it is time to learn about trademark renewal.

You now have the exclusive right to use it for the products and services that you sell. This means you’re the only one who can use it to represent your brand.

You don’t have to worry about copycats or rebranding. Plus, you have a leg up when it comes to legally protecting your trademarks.

Here is the really good news. A properly maintained Federal trademark may last forever – if you use it and keep it in good standing. If you don’t stay on top of your trademark renewal, someone else can take your trademark.

Here’s what you need to know.

Start Using the Trademark Symbol

You should add the ® symbol to the upper right corner of your mark wherever it is used. This includes on social media and especially your website.

The symbol lets the world know that your brand is protected nationally by Federal law.

It also makes it easier to show that someone intentionally copied your mark.

You should not use any trademark with your corporate identity.

Example: Microsoft Corporation is a corporation in the State of Washington, but Microsoft® is a federally registered brand of software, computer hardware, and cloud services.

Use Your Mark

If you use your trademark to brand a product, then it must appear on the product (e.g., tags or labels), the product packaging, or on a display for the product.

If you use your mark to brand a service, then your mark must be used in the sale or advertising of the service (e.g., a website).

Be Consistent in How You Use It

You’ll need to continue using your trademarks in the exact same way. That means the same exact words, colors, spacing, and punctuation. You’ll also need to use it on the same products or services.

Any alteration in how you use a trademark could hurt your trademark rights.

Keep Using It

Trademark rights come from use in the marketplace. You need to use your trademark to brand the products or services that you sell. Otherwise, you risk losing it.

Also, you need to use your trademark to renew it (see below).

Look for Copycats

As a trademark owner, you need to find and stop copycats. Otherwise, you could lose your trademark rights.

While the U.S. Patent and Trademark Office will prevent others from registering similar marks, it does not get involved with enforcement.

You’ll need to search for similar brands selling similar products or services. The best way to do this is with Internet searches. Some trademark owners set up “Google Alerts” to automate this process.

If you do see a similar brand, for similar products or services, you’ll want to have a trademark law firm prepare and send a trademark cease + desist letter.

Renew on Time

Trademarks may never expire – if you “check-in” with U.S. Patent and Trademark Office at specific times to let them know that you are still using your trademark.

These dates for trademark renewal are listed on your registration certificate and they’re vitally important.

If the documents are not filed by the due dates, your registration will be canceled and cannot be revived or reinstated.

@ Five years

• • You’ll need to file a Declaration of Continued Use. This states that you’re still using your mark. You’ll need to do this to continue your trademark rights.
  • Also, you may want to file a Declaration of Incontestability if you have used your mark continuously and consistently.
  • Incontestability means that your brand is strong and easier to legally protect. It also makes it harder for people to challenge your trademark.

@ Ten years

• • You’ll need to file a Declaration of Continued of Use. Again, this states that you’re still using your mark.
  • You’ll also need to file an Application for a Renewal.
  • This is required to continue using your trademark.

@ Every Ten years thereafter

• • You’ll need to file both a Declaration of Use + an Application for Renewal.

For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).