Do I Have to Renew Brand Registration License in Florida Every Five Years?
This blog is about Do I Have to Renew Brand Registration License in Florida Every Five Years
Do I have to renew brand registration license in Florida depends on which register you are on. A Florida state trademark runs for five years and must be renewed before it expires. A federal registration runs on a different clock. Its first filing falls due between years five and six. Many Florida businesses hold both, which means two calendars and two sets of consequences. This guide sets out each schedule, the proof you must supply, and what happens when a date slips.
How Long Does a Florida State Registration Last?
A Florida state trademark registration lasts five years from the date of registration. One must renew it by filing within the six months before that term ends. Each renewal runs for a further five years.
Section 495.071 of the Florida Statutes sets the rules. Your renewal must include two things:
A declaration under oath confirming the trademark remains in active use in Florida.
A specimen showing that current use, or an explanation of why the mark is not in use.
The renewal fee matches the original filing fee of $87.50 per class. Miss the six month window and the registration expires. You then file a fresh application rather than a renewal, and your original registration date is gone.
How Does the Federal Maintenance Schedule Differ?
The federal schedule works in five and ten year steps rather than a flat five year term. The USPTO explains the full sequence in its guidance on keeping a registration alive.
Filing | When it is due | Fee per class |
Section 8 declaration | Between years 5 and 6 | $325 |
Combined Section 8 and 9 | Between years 9 and 10 | $650 |
Section 8 and 9 again | Every 10 years after that | $650 |
Late Section 8 or Section 9 alone | Within the 6 month grace period | $425 per class |
Combined Section 8 and 9, both late | Within the 6 month grace period | $850 per class |
Fees change, so check the current USPTO fee schedule before you file.
Florida trademark attorney Melissa D. Goolsarran Ramnauth, Esq. tracks both calendars for clients who hold state and federal registrations side by side. The two rarely fall in the same year.
What Is a Section 8 Declaration of Use?
A Section 8 declaration is a sworn statement that you still use your mark in commerce. You file it with a specimen as proof. It is the first federal maintenance filing every registration faces.
Three things make it fail more often than owners expect.
The specimen shows the mark differently from how it was registered.
The listed goods or services are no longer all in use.
The filing period begins on the registration date, rather than the original filing date.
You may delete goods you no longer sell, though a separate fee can apply. Leaving dead goods on the register is the riskier choice. A false declaration can put the whole registration in doubt.
What Are the Consequences of Missing a Deadline?
Missing a maintenance deadline cancels a federal registration, and the USPTO cannot waive or extend the date. Each filing deadline includes an additional six-month window for late submissions, subject to an extra fee. Once this period expires, further submissions are not accepted.
The hard part is what follows. Once a registration is cancelled, it cannot be restored or reactivated. If you still want protection, you file a brand new application and lose your original filing date.
That lost date matters. Suppose another business began using a similar mark during the gap. It may now sit ahead of you in priority, and you cannot undo that. Your right to use the registered trademark symbol also stops on the day the registration dies.
How Do You Keep Both Registrations Alive Together?
You keep both alive by putting four dates per mark on the calendar and reviewing your specimens once a year. State and federal deadlines rarely line up, so one calendar will not cover both.
A simple routine works.
Record the state five year date and the federal five, ten and twenty year dates.
Set a reminder nine months ahead of each one.
Photograph current packaging, signage and website pages every year.
Check that your listed goods still match what you actually sell.
Melissa Ramnauth recommends dating every specimen as you capture it. A screenshot without a visible date is weaker evidence than one with it. The same applies to invoices and printed ads.
Final Thoughts on Florida Trademark Renewal
Renewal is not one deadline but two tracks. Florida brand registration at state level runs in five year terms. Federal trademark registration Florida businesses rely on runs on the five, ten and twenty year pattern instead.
Both demand proof of real use, and neither forgives a missed date. Owners tend to ask whether a trademark can be renewed once the reminder arrives. That is often months too late to prepare a clean specimen.
Brand Diplomacy, the trademark practice of MDGR Law, handles maintenance filings and deadline monitoring, with current pricing on the site. Unsure when your next filing falls due? A Florida trademark attorney can map both calendars before either one expires. Melissa Ramnauth does this as a single review.
Frequently Asked Questions
How often do I have to renew brand registration license in Florida?
Every five years. You file the renewal within the six months before the current term expires.
How much does a Florida trademark renewal cost?
The state renewal fee is $87.50 per class, the same as the original registration fee.
How long is a trademark good for in Florida?
A state registration lasts five years and renews in five year terms. A federal registration lasts ten years per term.
What is the first federal maintenance deadline?
You must file a Section 8 declaration during the period between five and six years after your federal trademark is registered.
Is there a grace period for federal filings?
Late filing is permitted for up to six months beyond each deadline. A late Section 8 or Section 9 on its own costs $425 per class. A combined Section 8 and 9 filed inside the grace period costs $850 per class.
Can I get a cancelled registration back?
Once a federal trademark registration is cancelled, it cannot be restored, and a new application must be submitted.
Do I need to show proof of use at renewal?
Both registers require it. You provide a specimen demonstrating how the trademark is currently used.
What if I stopped using the mark on some goods?
You can delete those goods when you file. Keeping unused goods on the register puts the whole registration at risk.
Does the USPTO remind me when a deadline is due?
Courtesy reminders may be sent. Missing one is not a defense, and the deadline stands either way.
Should I hold both a state and a federal registration?
Many Florida businesses do. The federal filing gives nationwide rights while the state one covers local use.
To schedule an appointment with experienced trademark attorney Melissa Ramnauth, please visit our booking page by clicking here or call our office at (754) 800-4481. We look forward to assisting you!
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This blog was about Do I Have to Renew Brand Registration License in Florida Every Five Years
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To schedule an appointment with experienced trademark attorney Melissa Ramnauth, please visit our booking page by clicking here or call our office at (754) 800-4481. We look forward to assisting you!
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