Understanding Trademark Renewal

Trademark rights require renewal to legally maintain the ability of the trademark. The rights associated with trademarks will cease if a mark is not used for a period of time--typically 5 years for most jurisdictions. The United States Patent Office, the agency responsible for issuing and evaluating trademarks, requires that all trademarks be properly renewed upon expiration. To renew a trademark an individual must file a Declaration of Continued Use with the United States Patent Office. The Declaration of Continued Use is a sworn statement that must be filed by the owner of the trademark. The Declaration of Continued Use, which is the main form required to properly renew a trademark, must include the following information: the trademark's registration number, the name and address of the current owner, the fee for renewing the trademark, a statement that the registered trademark is in use in commerce, a list of the services or goods recited or in connection with the mark, and a signed and dated affidavit or declaration under 37 C.F.R.