Renewing Service Mark in California

Q: How long do service marks last?

In California, service marks last for five years from the date of registration. They can be renewed indefinitely for additional five-year periods as long as the renewal application is submitted on time. However, if a service mark is not renewed, it will expire.

Q: What happens when a trademark lapses?

When a trademark lapses, it means the trademark is no longer protected due to non-renewal. The owner loses exclusive rights to the mark, and it may be available for others to use. This can lead to confusion in the marketplace and potential loss of brand identity.

Q: Can an expired trademark be renewed?

No, an expired trademark cannot be renewed. In California, renewal applications must be submitted within six months before the expiration date. Once the trademark has expired, the owner must apply for a new trademark if they wish to regain protection.

Q: What happens if you forget to renew a trademark?

If you forget to renew a trademark, it will expire, and you will lose your rights to it. This may allow others to use a similar mark, potentially damaging your brand. It's crucial to set reminders for renewal deadlines to avoid this situation.

Full question:

I had a service mark with the State of California, but it expired in 2001. Is it possible to renew a service mark in California that has expired and what would be the fee?

Category: Intellectual Property
Date: 04/07/2025
State: California

Answer:

Application for renewal must be received by the Secretary of State within (but not before) the six month period prior to the date of expiration of the current registration together with the renewal fee of $30.00 per classification.

Service marks are subject to protection from unfair use and may be registered at the state and federal levels. The person who first files a valid service mark registration with the U.S. Patent and Trademark Office (USPTO) has the right to its exclusive use.The following is a federal law governing renewal of registration of marks with the USPTO:

"15 U.S.C. §1059. Renewal.

Subject to the provisions of section 8, each registration may be renewed for periods of 10 years at the end of each successive 10-year period following the date of registration upon payment of the prescribed fee and the filing of a written application, in such form as may be prescribed by the Director. Such application may be made at any time within 1 year before the end of each successive 10-year period for which the registration was issued or renewed, or it may be made within a grace period of 6 months after the end of each successive 10-year period, upon payment of a fee and surcharge prescribed therefor. If any application filed under this section is deficient, the deficiency may be corrected within the time prescribed after notification of the deficiency, upon payment of a surcharge prescribed therefor.
If the Director refuses to renew the registration, the Director shall notify the registrant of the Director's refusal and the reasons therefor.

If the registrant is not domiciled in the United States the registrant may designate, by a document filed in the United States Patent and Trademark Office, the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the address given in the last designation, or if the registrant does not designate by a document filed in the United States Patent and Trademark Office the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark, such notices or process may be served on the Director."

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if I don't renew my trademark?

If you don't renew your trademark, it may expire and become inactive. This means you will lose exclusive rights to use the trademark, and others may be able to use a similar mark without legal consequences. It's important to keep track of renewal deadlines to maintain your trademark rights.