Getting a trademark registered is a major win for any business. It means you’ve locked in rights to your brand name, logo, or slogan, and you’ve taken a key step to protect your identity in the market. But that’s just the beginning. To keep that protection, you need to maintain your registration—and in most countries, that means renewing it on time and meeting certain use or documentation requirements.
Trademark renewal isn’t a one-size-fits-all process. Every country has its own rules, deadlines, and paperwork. What works in the United States might not work in the European Union. What’s accepted in Japan could get rejected in Brazil. And if you’re managing a portfolio of trademarks across several countries, it’s easy to miss a deadline or overlook a key requirement.
That’s why having a solid renewal and maintenance strategy matters. It protects the investment you’ve already made in your trademarks, prevents them from lapsing, and helps you avoid costly legal battles to get them back. This article will break down how trademark renewals work in different regions, what you need to watch out for, and how to create a system that keeps your global trademark rights secure and active.
Understanding Trademark Renewal in the United States
In the United States, trademark rights are tied to both registration and actual use. That means you can’t just file a trademark and forget about it. You must keep using the mark in commerce and regularly show the government that you are doing so.
After you register a trademark with the United States Patent and Trademark Office (USPTO), your first major maintenance deadline comes between the fifth and sixth year. During that window, you must file what’s called a Declaration of Use. This filing includes a sworn statement that your trademark is still being used and must be supported by examples, like a photo of your product, website screenshots, or packaging.
If you miss this step, your registration will be canceled—even if you are still actively using the mark. Many businesses overlook this mid-point requirement because it doesn’t line up with the typical 10-year renewal cycle. But it’s critical.
Then, between the ninth and tenth year after registration, you must file both a Declaration of Use and an Application for Renewal. This dual filing officially extends your trademark protection for another 10 years. The USPTO allows a six-month grace period if you miss the deadline, but you’ll pay a penalty fee—and if you miss that window too, your trademark will be gone.
From there, every 10 years, you need to repeat the renewal process. Each time, you must show continued use of the trademark. If your use has changed, or if you no longer offer some of the products or services listed in your original application, you’ll need to update your filing to reflect that.
Trademark Maintenance in the European Union
Now let’s compare this with the European Union, where the process is more straightforward—but still very strict. Once your trademark is registered with the European Union Intellectual Property Office (EUIPO), it’s valid for 10 years. You can renew it for another 10-year term as many times as you like, provided you meet the deadline.
The biggest difference from the U.S. is that you don’t need to prove use when renewing your EU trademark. That means you don’t have to submit any documents or samples showing that the mark is active. You just need to pay the renewal fee and complete the renewal form.
But there’s a catch. Even though the EU doesn’t ask for proof of use when renewing, your trademark can still be canceled if someone challenges it and you can’t show that you’ve used it in the last five years. This “use it or lose it” rule creates a hidden risk.
So while the renewal process is easier in the EU, enforcement depends on your ability to maintain solid records of use. If another business files a cancellation action claiming that you haven’t used your mark, you’ll need to prove otherwise—quickly and clearly.
That’s why it’s wise to treat EU maintenance like U.S. maintenance. Even if the office doesn’t ask for proof every time, you should still collect it. Keep marketing materials, invoices, and screenshots on file just in case.
Timing is also important. You can file for renewal up to six months before your trademark expires. There’s also a six-month grace period after the deadline, but it comes with a fee. If you miss both windows, your rights are lost, and anyone can register your mark.
Comparing the Two Systems
The U.S. and EU offer useful lessons in how trademark maintenance can differ. In the U.S., the focus is on proving that you are still using the trademark. You must file detailed documents at regular intervals, and the law takes unused trademarks off the register—even if they were renewed on time.
In the EU, the system seems lighter at first glance. There are fewer filing requirements, and you can go through the renewal process without submitting any examples of use. But the consequences of non-use are still there—they just show up later, in cancellation cases rather than during renewal.
In both regions, grace periods are available, but they are not generous. Relying on them is risky, especially if you operate in multiple markets and have dozens—or even hundreds—of trademarks to manage. Once a mark lapses, restoring it isn’t easy. You may have to re-file from scratch, face new oppositions, or worse—lose the mark to someone else.
These systems highlight why tracking your renewal dates and proof-of-use materials is not just a formality. It’s a core part of protecting your brand’s legal foundation. One missed deadline or weak record can undo years of brand-building work.
Trademark Renewal and Use in China
China is a first-to-file country, which means whoever registers the trademark first usually owns it—regardless of whether they’re using it. That alone makes early registration essential. But once you’ve secured your mark, you still need to renew it on time and be ready to defend it.
In China, a registered trademark is valid for 10 years from the date of registration. It can be renewed every 10 years, with renewal possible as early as 12 months before expiration. There is a six-month grace period after the expiration date, but once that period passes, your trademark will be canceled.
The renewal process in China doesn’t require proof of use. You simply submit the renewal application and pay the fee. On the surface, it seems easy. But like the European Union, China has a non-use cancellation system that others can use against you.
If your mark hasn’t been used for three consecutive years, anyone can file a cancellation request. If you can’t show genuine commercial use, your trademark can be removed from the register—even if you paid all your renewal fees.
To avoid this, keep regular records of use. In China, acceptable proof includes advertising materials, invoices, customs records, and product packaging. If your business relies on a distributor, make sure they’re using the mark correctly, as third-party use can count—if authorized.
Because trademark hijacking is common in China, it’s especially important not to let your rights lapse. If your mark is canceled or not renewed, someone else could register it and block you from using your own name.
Trademark Maintenance in Japan
Japan’s trademark system is well-structured and user-friendly, but it comes with its own unique features. Once your mark is registered with the Japan Patent Office (JPO), it’s valid for 10 years and can be renewed every 10 years thereafter.
What sets Japan apart is the option to pay the renewal fee in full for 10 years or in two separate five-year installments. This offers some financial flexibility, especially for businesses still scaling up their operations. However, you need to remember the second payment—if you miss it, your rights can lapse mid-term.
Like China and the EU, Japan does not require proof of use at the time of renewal. However, use remains important. If your mark is not used for three consecutive years, it becomes vulnerable to cancellation through a third-party petition.
That means if someone files a challenge claiming your mark has not been used, you’ll need to provide solid evidence showing how, when, and where it has been used in Japan. Acceptable evidence includes advertising campaigns, invoices, catalogues, and more.
Japan is especially strict about how trademarks are used. If your usage varies significantly from the registered mark—like changing the font, logo, or stylization—it may not count as proper use. That’s why maintaining brand consistency is not only good for marketing, but also for legal protection.
As with most jurisdictions, you can file for renewal up to six months before expiration. There is also a grace period for late renewal, but you’ll pay an additional fee, and if you miss that window, reinstating your rights can be difficult.
Trademark Renewal in Canada
Canada used to require a “declaration of use” before registration, but changes to the Trademarks Act in 2019 brought the country more in line with global practices. Now, registration is based solely on filing, regardless of use. Still, renewal and non-use remain important issues.
A Canadian trademark lasts 10 years from the date of registration. You can renew it for another 10-year term starting six months before expiration. If you miss the deadline, there is a six-month grace period where you can still renew by paying an extra fee.
Unlike the U.S., Canada does not require you to file proof of use when renewing your trademark. However, that does not mean you can ignore use altogether. If your mark isn’t used in Canada for three consecutive years, it can be challenged and canceled for non-use.
This puts brand owners in a similar situation to those in China or the EU—you don’t need to show use at renewal, but you must be ready to prove it if your mark is ever attacked.
In addition, Canada recognizes common law rights based on use. So even if your registered trademark is canceled for non-use, if you’ve been using the mark regularly and publicly, you may still have some protection. But relying on that alone is risky.
Canada also introduced Nice Classification as part of its modernization. If your original registration didn’t include proper classification or if your goods and services descriptions are outdated, it’s wise to update them during renewal to avoid future issues.
Trademark Renewal in India
India’s trademark law follows a use-based system, but like many jurisdictions, registration still plays a critical role in protecting your brand. Once you secure a trademark through the Controller General of Patents, Designs, and Trademarks (CGPDTM), it’s valid for 10 years.
You can renew a trademark starting six months before its expiration. If you miss the deadline, Indian law gives you a six-month grace period to file a renewal request with a surcharge. However, if you don’t act before that second window closes, the mark is removed from the register.
While India doesn’t require you to prove use when renewing a trademark, that doesn’t mean non-use goes unnoticed. A trademark can be canceled if it isn’t used for five continuous years after registration. The cancellation process usually begins with a third-party challenge, often from a competitor trying to clear the register.
Use evidence in India can include product shipments, local advertisements, trade show participation, and other commercial activity. To avoid future cancellation, keeping these records organized—even if not required during renewal—is good practice.
Another point to note is that if you’ve made any changes to your mark’s design or use since your original registration, it may be time to file for a new mark to reflect how it appears in the market. Indian authorities are quite specific about what counts as “same” use.
Trademark Maintenance in Brazil
Brazil operates under a registration-based system that also expects active use after registration. Trademarks are initially granted for a 10-year period, and renewal is available for successive 10-year terms.
Renewal in Brazil can be filed within the last year before the expiration date. The National Institute of Industrial Property (INPI) also offers a six-month grace period for late renewal, but with an additional fee.
While use is not required at the point of renewal, non-use can still lead to cancellation. If a mark hasn’t been used in Brazil for five years following registration, it becomes vulnerable to cancellation requests by third parties.
This makes it essential to maintain documentation of use in Brazil. Evidence might include invoices, marketing campaigns, e-commerce listings, or partnerships with Brazilian distributors. If your business model involves licensing or franchising, those contracts may also count toward use.
Brazil also recently became part of the Madrid Protocol. So for businesses managing international portfolios, this has made filing and maintaining trademarks a bit easier. Still, local legal and administrative knowledge is critical when handling renewals or responding to cancellations.
Trademark Renewal in Australia
Australia offers a more flexible trademark renewal process than many jurisdictions. A registered mark is valid for 10 years and can be renewed indefinitely for successive 10-year periods.
Renewal can be done any time in the 12 months leading up to the expiration date. Even after a trademark expires, IP Australia allows a six-month grace period where you can still renew the trademark with a late fee. The process is straightforward and can be completed online.
Unlike in the U.S., Australia does not require you to file any declaration of use or provide proof at the time of renewal. But again, this doesn’t mean you can afford to ignore use. If a third party challenges your trademark for non-use, you’ll need to prove that you’ve used it continuously during the last three years.
Acceptable proof includes traditional marketing materials, online store listings, shipping documentation, and domain registrations. Australia also takes into account whether the trademark has been used exactly as registered. A dramatic change in stylization or presentation might weaken your defense in a non-use claim.
Australia’s user-friendly renewal process, combined with its online systems, makes it easier for brand owners to manage their rights. However, ongoing monitoring and good record-keeping remain just as important as in any other country.
Coordinating Renewals Across Jurisdictions
Once you’re managing trademarks in five, ten, or twenty countries, things can get overwhelming quickly. Every country has its own timeline. Some allow renewals six months before expiry; others allow a full year. Some require use declarations, others don’t. Some have short grace periods with penalties, and others are strict with deadlines and offer no second chances.
That’s why centralizing your trademark portfolio is crucial. Whether you use a dedicated IP attorney, a global trademark agent, or trademark management software, your renewals need to be tracked with precision.
A good system should include all filing dates, registration numbers, and the deadlines for renewals and any associated maintenance requirements. It should also show which trademarks are actively in use and which might need updating.
Failing to coordinate these deadlines can result in lapsed registrations, especially in smaller or emerging markets where internal teams may not be as familiar with local rules.
Another key step in coordination is harmonizing how your marks are used across countries. If you’ve changed your logo or slogan, ensure those updates are reflected in your filings—especially in jurisdictions that are strict about how closely real-world use must match the registration.
Review your portfolio regularly to identify marks that are outdated, unused, or no longer tied to a specific product line. In some cases, retiring a trademark can simplify management and reduce costs. In others, a mark may be worth maintaining purely for strategic reasons—like blocking competitors.
Conducting Regular Trademark Audits
Managing renewals across multiple countries becomes much easier when you perform regular trademark audits. An audit helps you stay aware of which marks are active, which ones are nearing expiration, and which ones might be at risk of cancellation due to non-use or outdated filings.
During an audit, you should evaluate whether each mark is still tied to a product or service in the market. If a brand or product line has been discontinued, that mark may not be necessary anymore. Removing unused marks reduces your renewal costs and simplifies your portfolio.
You should also assess whether your trademark usage matches your registrations. If your company has changed its branding, redesigned a logo, or shifted into new markets, those changes should be reflected in your trademark filings.
Another important area is identifying marks that may need expansion. If you only registered a word mark but your logo has become iconic, you may want to add that to your portfolio. Likewise, if your business now operates in new product categories, your trademark protection should reflect that shift.
An audit isn’t just about cleaning house—it’s about identifying gaps and opportunities. It helps you keep protection aligned with your brand’s growth and ensures that renewal efforts are focused on marks that add real value.
Budgeting for Renewals Across Borders
Trademark renewals are not cheap—especially when you’re managing multiple jurisdictions. Costs vary significantly depending on the country, the type of mark, and whether late fees or penalties apply. For large portfolios, renewal fees can become a major budget line item.
This makes advance budgeting essential. Start by mapping out your renewal calendar over the next one to three years. Identify which trademarks are due in which countries, and calculate expected fees based on official rates, legal support, and currency exchange.
Also factor in costs for declarations of use, specimen filings, translations (where required), and legal representation in countries where you don’t file directly. Some countries, like India and Brazil, require local agents even for basic renewals.
If you use the Madrid Protocol, keep in mind that renewals still involve fees for each designated country. And while it’s a consolidated process, country-specific issues—like local objections or special declarations—can still create extra costs.
Having a clear renewal budget not only prevents financial surprises but also helps with decision-making. If a mark is no longer valuable, that’s an opportunity to save by letting it expire. On the other hand, knowing your numbers might reveal where deeper protection is affordable and worthwhile.
Dealing With Disputes Around Non-Use and Renewal
Even if your renewals are filed on time, you may still face legal challenges—especially if a third party claims your trademark hasn’t been used. This is particularly common in countries with a “use it or lose it” rule.
A cancellation action based on non-use can result in the loss of your registration, even if you paid all the right fees and filed your documents correctly. That’s why ongoing use—and documentation of that use—is a core part of long-term maintenance.
If your trademark is challenged for non-use, the burden is on you to prove otherwise. This means showing how the mark has been used in the marketplace during the required period, usually three to five years depending on the country.
Prepare to offer a range of evidence: product labels, marketing materials, sales records, or website archives that show the trademark in use in that jurisdiction. The evidence must match the registered mark and relate to the goods or services it covers.
If you can’t show use—or if the use doesn’t match the registration—you may lose protection, even if your mark is well-known elsewhere. This is especially risky in markets where enforcement is aggressive or where competitors monitor registrations closely.
To reduce this risk, maintain a digital archive of use evidence for each jurisdiction. Don’t wait until a challenge arises. Having that data ready gives you a huge advantage in defending your rights.
Building a Long-Term Trademark Maintenance Strategy
Trademark renewal isn’t just about compliance. It’s a strategy for long-term brand protection. The more your business grows, the more important it becomes to treat trademarks like strategic assets—not just legal filings.
Start by centralizing your trademark data. Whether you manage renewals in-house or through a law firm, your records should be in one place. A spreadsheet may work for small portfolios, but for larger ones, consider software that tracks deadlines, renewal history, and use records by jurisdiction.
Assign clear ownership of trademark maintenance within your team. Someone should be responsible for reviewing deadlines, preparing renewals, and coordinating with legal counsel or agents abroad. Without ownership, things can slip through the cracks.
Establish a rhythm. Conduct audits every year, review budget forecasts every quarter, and review proof-of-use records at least once before each renewal cycle. These routines help you catch problems early and adjust as your business evolves.
Plan for change. If you’re rebranding, launching a new product line, or expanding to new regions, think about trademarks early in the process. Waiting until after the launch can make enforcement harder and renewals more complicated.
Consider defensive strategies too. In some cases, it makes sense to register similar marks, common misspellings, or marks in adjacent product categories. This prevents others from filing confusingly similar marks and strengthens your legal position.
Finally, work with partners who understand global trademark law. International maintenance requires coordination, cultural knowledge, and deep familiarity with changing rules. A trusted advisor can help you navigate both the legal and business sides of trademark strategy.
Final Thoughts: Renewals as Brand Insurance
Trademarks don’t protect themselves. Renewal is the key to keeping your rights alive, but doing it right means more than just paying fees. You need a plan that fits your business goals, market activity, and risk profile.
Each country sets its own rules, and missing even one step could put years of brand-building at risk. But with careful planning, regular audits, smart budgeting, and the right legal support, you can maintain your marks with confidence—no matter how far your brand travels.
In the world of business, your brand is one of your most valuable assets. Renewing your trademarks isn’t just a legal task—it’s an investment in everything your brand stands for.
