When Should You Renew Your Trademark? Critical Deadlines You Can’t Afford to Miss

Owning a trademark is a big step in protecting your brand, but registering it once is not the end of the process, you also need to keep it active. Many business owners are surprised to learn that if they miss key renewal deadlines, their trademark protection can lapse, leaving their name, logo, or slogan vulnerable to others.

If you run a business in Florida (or anywhere in the U.S.), here’s what you need to know about trademark renewals and the exact deadlines you cannot afford to miss.

How Long Does a Trademark Last Before Renewal?

In the United States, federal trademarks issued by the U.S. Patent and Trademark Office (USPTO) do not last forever. Unlike a business license, which renews annually, trademark renewals follow specific federal deadlines:

• First Renewal: Between the 5th and 6th year after registration, you must file a Declaration of Use (Section 8). This shows the USPTO that you are still actively using your trademark in commerce.
• Second Renewal: Between the 9th and 10th year, you must file a combined Declaration of Use and Application for Renewal (Section 8 & 9).
• Every 10 Years After That: Renewal filings are due every 10 years to keep your trademark alive.

If you miss these windows, your trademark can be canceled, sometimes without warning.

What Happens If You Miss a Trademark Renewal Deadline?

Missing a trademark renewal deadline can lead to automatic cancellation of your registration. Once that happens:

• You lose federal protection of your mark.
• Competitors may be able to register something confusingly similar.
• You could face costly disputes to try and reclaim your brand identity.

The USPTO does allow a short grace period (with additional fees) if you miss the deadline. But relying on that is risky, many businesses only realize too late that their trademark is gone.

How Do You Know When to Renew Your Trademark?

The USPTO does not send constant reminders, so it’s your responsibility to track deadlines. Here are a few ways business owners handle it:

• Calendar Tracking: Mark key renewal dates immediately after your trademark is registered.
• Attorney Monitoring: Many law firms (including ours) offer trademark monitoring services to ensure you never miss a filing.
• Business Strategy Reviews: Consider reviewing your trademarks whenever your business expands into new products, services, or locations.

Staying proactive means you won’t lose protection when you need it most.

Do Florida Trademarks Have Different Renewal Rules?

Yes, if you filed a trademark in Florida (rather than federally with the USPTO), the deadlines are different:

• Florida state trademarks must be renewed every 5 years with the Florida Department of State.
• Missing a Florida renewal deadline means your mark will be canceled at the state level.

If your business operates beyond Florida, it’s usually best to have both state and federal trademark protection to maximize your rights.

Why Work with a Trademark Attorney on Renewals?

Renewals sound simple, but mistakes are common, like filing the wrong section, providing outdated evidence of use, or missing combined filings. An experienced attorney helps by:

• Tracking your specific deadlines.
• Preparing the correct USPTO filings.
• Advising on whether your current use still qualifies for protection.
• Expanding your trademark coverage if your business has grown.

Think of it as insurance for one of your most valuable assets: your brand.

Don’t Let Your Trademark Slip Away

Trademark protection is not one-and-done. Whether you’re a startup with a new brand name or an established business with multiple trademarks, keeping track of renewal deadlines is essential.

If your business needs help with trademark renewal, enforcement, or brand protection, contact our attorneys at Ayala Law PA in Miami at 305-570-2208. 

You can also email our founding attorney, Eduardo A. Maura, at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case.]