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If you let your trademark expire, you leave it open for another company or user to register and use it. If the products or services are different than yours, the other company may have an easier time acquiring your trademark.
In other words, you can keep your trademark registered for as long as it is kept in use, but you must renew it every 10 years.10 Year Renewal Grace Period: If you fail to renew your trademark between the 9th and 10th anniversary of its registration or any subsequent like period again don't panic.
A trademark is abandoned when the owner stops using it for three years in a row without intending to use it again, according to 15 USC 1127. After three years of non-use, the owner must show tangible, solid evidence to counter a registration attempt by someone else.
Registering your trademark ensures you maintain exclusive rights to the mark. If you don't renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership. Not to mention there are many costs associated with re-registering.
In order to restore your full trademark protections, you will need to begin the process to register your trademark again. This includes conducting a comprehensive trademark search and filing an application with the USPTO.
A registrant may file a request to reinstate a cancelled or expired registration if the registrant has proof that a USPTO error caused the registration to be cancelled or expired. 37 C.F.R §2.64(b). There is no fee for a request for reinstatement.
Trademarks are generally valid for 10 years with a possibility to renew every 10 years. Once a trademark is renewed, a certificate of renewal is issued to the trademark owner. Renewal periods can differ depending on the country or territories in which the trademark is held.
3. Filing Declaration of Use and Application for Renewal every 10 years (Combined §8 declaration and A§9 renewal): $525 per class (if filed before the grace period). 4. Filing Declaration of Incontestability (A§15 declaration): $200 per class.