Trademark Renewal and Maintenance: Deadlines, Proof of Use, Licences

Trademark renewal and maintenance is the part of brand protection that nobody celebrates and many owners forget. The registration certificate arrives, it goes into a drawer, and years later a reminder, or worse a lost right, shows that a deadline was missed. A trademark is not a one-time purchase. It is a right that lasts only as long as you renew it on time, use the mark for the goods and services you registered, keep your records in order and control who else uses it. This guide explains the deadlines that matter, what proof of use means, how licences and ownership changes should be handled, and how to build a calendar that protects the mark you paid for.

It is general information for business owners, not legal advice. Rules differ between countries and offices, so always check the current rules of the office where your mark is registered, and ask a trade mark attorney about anything that affects an important brand.

Why Maintenance Matters

A registered trademark gives you the exclusive right to use the mark for the listed goods and services and to stop confusingly similar use by others. Each part of that right depends on action by the owner.

• Renewal. Registrations run for a fixed term. If you do not renew them within the allowed period, they expire and the protection ends.
• Use. In many countries a mark that is not used for the registered goods or services for a continuous period, commonly five years after registration, can be challenged and removed in whole or in part.
• Accurate records. If the owner changes name, address or legal form, or sells the mark, the register must be updated, or the rights may be difficult to enforce.
• Control. If others use the mark with your permission but without any supervision, the mark may lose its ability to point to one source.

Losing a mark through neglect is entirely avoidable and often expensive. Rebuilding a brand is much more costly than a renewal fee, and a competitor may register the name the moment your protection lapses. A small, regular routine is the cheapest insurance a brand can have.

Renewal: The Deadlines

Most trademark offices register marks for ten years from the filing or registration date, and allow renewal for further periods of ten years, without limit, as long as fees are paid. Practice differs, so the first step is to find the exact date for each registration.

Some countries also require a declaration of use between the fifth and sixth year, or at renewal. If that is the case where your mark is registered, the declaration needs a date, a statement and sometimes a sample. Missing it can cancel the registration even though the renewal fee was paid, so read the rules when you receive the certificate.

For international registrations under the Madrid system, the central register at the World Intellectual Property Organization keeps the term and the renewal fee, but certain countries add their own use requirements. The WIPO overview of the Madrid system explains the basics. For a European Union trade mark, the EUIPO website publishes the renewal rules and sends reminders as a courtesy, but you remain responsible for the date.

Beware of Misleading Renewal Offers

As soon as a mark appears in a public register, its owner starts receiving letters and e-mails that look official. Some offer to “register” or “renew” the mark for a fee, often a large one, and some demand payment for entry in a private directory that has no legal value. Offices warn applicants about these messages regularly.

• A genuine reminder comes from the office where the mark is registered or from your own attorney, and the payment instructions match the office’s published fees.
• If the sender is a private company, the letter normally says so in small print, and the entry it sells is not a trademark right.
• When in doubt, log in to the office’s own website, look up the register entry and pay only there.

Tell everyone in the company who opens the post or the shared mailbox about this risk, and keep a list of the real senders. Having one person responsible for trademark correspondence stops the invoices from being paid by mistake.

Proof of Use

A trademark is meant to be used. A registered mark that has never been put on the market, or has been abandoned, is vulnerable to cancellation for non-use. The same applies to individual goods or services on the list: if you registered a mark for twenty items and use it for four, the other sixteen may be attacked even if the whole registration is safe.

What counts as use

Generally, use means genuine use in the course of trade, in connection with the goods or services, in a way that shows the mark identifies their commercial origin. Token use, such as a few items sold only to preserve the right, may not be enough. The mark must usually appear in the form that is registered, or in a form that does not change its distinctive character.

What evidence to keep

Collect evidence as you go, not when a dispute arrives. A good file for each mark contains:

1. Dated photographs of products, packaging and labels showing the mark.
2. Invoices, delivery notes and order confirmations that mention the mark or the product name, with customer details removed or protected.
3. Screenshots of the website, the online shop and the app store pages, with the date visible.
4. Copies of advertisements, brochures, price lists and social media posts, with publication dates.
5. Sales figures by year and by country, even a simple summary table.
6. Trade show materials, press mentions and customer testimonials that show the mark in use.

Store these in one place, named by mark and year. A shared folder with a short index is enough. If you are ever challenged, you will be able to prove use in days rather than weeks, and your lawyer will charge less.

Narrowing the List and Adding New Goods

Your business changes over time. Products are dropped, new ones are launched, and a registration written years ago may no longer match what you do. Review each registration once a year with three questions.

• Do we still sell everything on the list? If not, consider narrowing it at renewal so that the remaining entries are the ones you can prove.
• Have we launched something new under the mark? Registered lists generally cannot be widened. A new product category usually needs a new application.
• Have we changed the form of the mark? A redesigned logo or a new spelling may need a fresh filing, because the old registration protects the old form.

If you need to add goods or services, return to the basics of classification. Our guide to trademark classes explains how to describe them, and the article on choosing between an EU trade mark and national registrations helps decide where the new filing should go.

Licensing: Letting Others Use Your Mark

Many businesses allow partners, distributors, franchisees or related companies to use their brand. That is legitimate, and it can also count as use that keeps the registration alive, provided the licence is properly controlled. A trademark licence should be written and should cover at least the following.

1. The parties and the mark: exact names, the registration numbers and the countries covered.
2. The scope: which goods, services and territories, and whether the licence is exclusive.
3. Quality control: the standards the licensee must meet and your right to inspect. Without control, the mark can start to mean different things to customers and may lose its function.
4. Correct use: how the mark is displayed, including the registration symbol where appropriate and the form of the logo.
5. Term and termination: how long the licence lasts, what happens on breach and what must be removed afterwards.
6. Payment: royalties or other consideration, if any.
7. Enforcement: who acts if a third party infringes, and who pays.

Some offices allow the licence to be recorded in the register, which makes it easier to enforce against third parties. Ask your attorney whether recording is advisable in the countries concerned. Keep the signed licences with your use evidence, since use by an authorised licensee generally counts as use by the owner.

Ownership Changes and Corrections

The register must show who owns the mark. When anything changes, update it without delay.

If you are buying a company, include the trademarks in your due diligence. Check that the seller is the registered owner, that renewals are paid, that use can be shown and that no licences or security interests complicate the transfer.

A Practical Maintenance Calendar

You do not need special software. A spreadsheet, or shared calendar with reminders, is enough, provided it is owned by a named person and checked regularly. Build a register with one row per mark and country, and these columns: the mark, the number, the country or office, the filing date, the registration date, the next renewal date, the classes, the use declaration date if relevant, the licence status, the location of the evidence and the responsible person.

• Annually: review the register, add evidence of use, check the classes against the real business and confirm that licences are in force.
• Twelve months before renewal: decide whether to renew, narrow the list or abandon the mark, and obtain a quote from your attorney.
• Six months before: instruct and pay in the renewal window, not at the last moment.
• After renewal: save the confirmation, update the register and set the next date.
• When anything changes: update the register of the office and your own file the same week.

Pair the calendar with a watch on the market. Our article on trademark monitoring and responding to infringement explains how to spot new applications that conflict with yours while opposition is still possible. For the larger picture of what to register at the start, see what to register before you launch. You can also see how a registered portfolio is presented on the trademarks page of Internet Solutions, UAB.

Frequently Asked Questions

How often do I have to renew a trademark?

In most offices registrations last ten years and can be renewed for further ten-year periods indefinitely. The exact date and window differ by office, so note them when the certificate arrives.

What happens if I miss the renewal date?

Some offices allow a late renewal during a grace period, normally with a surcharge. After that the registration expires, and anyone may apply for a similar mark. Do not rely on the grace period.

Do I have to use my trademark?

Yes, in most countries. After a set period without genuine use, often five years, the registration can be revoked for the unused goods and services on a third party’s request. Keep evidence of use every year.

Can I let a partner use my mark?

You can, with a written licence that sets quality standards, scope and term. Use by a licensee under your control is generally treated as your use, but uncontrolled use can weaken the mark.

Can I add new products to an existing registration?

Usually not. Lists can be narrowed but not widened, so new goods or services normally require a new application. Review the list each year and plan new filings before launch.

Who should be responsible for trademark deadlines?

One named person, with a backup, supported by your attorney’s reminders. Shared mailboxes and informal memory are how deadlines are missed.

The Bottom Line

Trademark renewal and maintenance is routine work that protects an asset worth far more than its fees. Record every expiry date with early reminders, ignore look-alike invoices, keep dated evidence of use for each mark and each class, narrow lists that no longer match your business, license others only under written, supervised terms and update the register whenever names, addresses or owners change. A single annual review, with a named owner and a simple register, is enough to keep a brand safely yours for decades.