Trademark Expiry Coming Up? Here’s How to File for an Extension
For many businesses, a registered trademark is more than just a logo or name — it's a valuable asset that represents reputation, quality, and consumer trust.
However, trademark protection doesn’t last forever. In the United States, trademarks must be renewed periodically to maintain legal protection.
If your trademark expiry date is approaching, it’s crucial to act quickly and correctly to ensure continued protection of your brand.
In this article, we’ll guide you through everything you need to know about filing a trademark extension, from the deadlines you need to meet to the specific forms required, and how to work with professionals who offer trademark registration services to make the process seamless.
Understanding Trademark Validity and Renewal Periods
A common misconception is that once you register a trademark, it's valid indefinitely. While it’s true that trademarks can be renewed forever, they require maintenance at regular intervals to remain active.
In the U.S., after your trademark is registered with the United States Patent and Trademark Office (USPTO), the initial term lasts for 10 years.
But before reaching that 10-year mark, you must file specific documents to keep the trademark valid:
Between the 5th and 6th year after registration: You must file a Section 8 Declaration, which proves the trademark is still in use.
Every 10 years: You must file a Section 9 Renewal Application, often in conjunction with a Section 8 Declaration.
Failing to submit these documents on time could result in the cancellation of your trademark, leaving your business vulnerable.
What Is a Trademark Extension?
If you’ve missed a renewal deadline or are approaching one and need more time, the USPTO allows for a grace period and extension. This is not an extension in the traditional sense of asking for more time in advance, but rather a six-month grace period after the renewal deadline, during which you can still file the required documents—along with additional fees—to maintain your trademark rights.
This process is commonly referred to as trademark extension filing, and it's crucial for any business that wants to avoid re-registration or loss of brand identity.
Steps to File for a Trademark Extension
Here’s how you can file for a trademark renewal (or "extension" during the grace period) if your trademark expiry is coming up or has just passed:
1. Check the Status of Your Trademark
The first step is to verify your trademark's status on the Trademark Status and Document Retrieval (TSDR) system. This will confirm your trademark's expiration date and whether you're still within the grace period.
2. Determine Which Forms Are Needed
If you are within the 10-year period, you’ll need to file Form Section 9 (and Section 8 if applicable).
If you are in the six-month grace period after the expiration deadline, you can still file the same forms, but you must include a late fee.
3. File Electronically via the USPTO
All trademark renewal documents must be filed online using the Trademark Electronic Application System (TEAS). You can choose from:
TEAS Regular Form
TEAS Plus Form (lower fee, stricter requirements)
4. Pay the Required Fees
Standard fees apply, and additional late fees are charged if you're in the grace period. As of 2024:
Section 8 Declaration: $225 per class
Section 9 Renewal: $300 per class
Grace period late fee: $100 per class
5. Await Confirmation
After submission, you’ll receive a confirmation email and tracking number. The USPTO will typically review your documents and update your trademark's status within 2-4 months.
Why It’s Critical to Act Promptly
Allowing your trademark to expire without renewal can have serious consequences. Not only will you lose exclusive rights to use your mark in commerce, but someone else could potentially register it, leading to legal disputes and rebranding costs.
Furthermore, for businesses operating under LLC structures or engaging in LLC publishing services in New York, trademarks often appear in company advertisements, websites, and business documentation.
Losing protection could expose your company to legal vulnerabilities and undermine your marketing efforts.
Common Mistakes to Avoid During Trademark Extension Filing
Even small errors during filing can result in a rejection. Here are some common mistakes business owners make:
Filing after the grace period has ended
Submitting incorrect forms
Not proving current use in commerce
Failing to pay fees properly
Providing outdated contact information
To avoid these pitfalls, many companies rely on professional trademark registration services that specialize in tracking deadlines, preparing forms, and ensuring all legal requirements are met.
How Professional Services Can Help
Whether you're a new business owner or a seasoned entrepreneur, handling trademark renewals on your own can be overwhelming—especially when combined with other corporate tasks like business registration services or LLC compliance filings.
Professional agencies can assist you by:
Monitoring deadlines
Ensuring proper form submission
Handling all correspondence with the USPTO
Managing multiple trademarks at once
Offering bundled services (like combining trademark renewals with LLC publishing services in New York)
Such support ensures your brand remains legally protected while you focus on growth.
Don’t Let Your Trademark Expire – Act Today
As your business grows, maintaining ownership over your brand becomes even more essential. Filing a trademark extension on time can prevent unnecessary legal costs, rebranding, and lost consumer trust.
Whether you handle it independently or partner with a firm that provides trademark registration services, the key is to act before the grace period ends.
Don’t wait until it’s too late.
If you're unsure of your next steps, consider consulting a provider that specializes in LLC publishing services in New York or offers a full suite of business registration services.
These professionals often have experience across multiple legal and regulatory areas and can streamline the trademark renewal process.
Final Thoughts
Trademark protection is not a one-time task—it’s an ongoing commitment to your brand’s integrity. Stay proactive about your renewal deadlines, understand your filing options, and seek expert help when needed.
Let your trademark reflect the strength and stability of your business—today and for years to come.