Expired Trademark — What to Do If Your Trademark Lapses

Having a trademark expire is stressful, but you can fix it if you act fast. An expired or lapsed trademark means your registered protection has ended because it wasn’t renewed on time. That opens the door for others to use the mark, so the clock matters.

Quick steps to check and renew

First, confirm the status. Look up your registration number on the official trademark register or ask your agent. If the mark is in a grace period, renew immediately. Most systems allow a short additional period after expiry with an extra fee — pay that fee and file the renewal form right away.

Next, gather your details: registration number, class of goods/services, owner name, and power of attorney if someone files for you. Prepare the renewal fee and the required form. Submitting the correct renewal form and fee before the end of the grace period will restore your full protection.

If you miss the grace period, don’t assume the mark is hopeless. You may still be able to reapply, but you risk losing seniority and exclusive rights while the mark was inactive. Reapplying means a new filing date and possible objections from third parties who began using a similar mark.

If the trademark is already expired: options and risks

Once protection lapses without renewal, others can register or use similar marks. That can hurt your brand and cause marketplace confusion. If someone else registers your old mark, you may need to negotiate, buy it back, or contest it — all of which cost time and money.

Consider these options: first, try to renew even if late — some jurisdictions allow restoration for special cases. Second, refile a new application for the same mark and build up fresh rights through use and registration. Third, monitor the market and enforce your common-law rights if you kept using the mark publicly; continuous real-world use sometimes supports claims against later users.

To avoid repeat problems, set reminders well before the renewal date and use a calendar with alerts. Many businesses use a trademark management service or a lawyer to monitor deadlines, file renewals, and watch for infringing marks.

Finally, keep records of use — invoices, packaging photos, advertising — so you can prove continuous use if needed. Those records help if you must challenge a third party or show you’re entitled to common-law rights.

If you’re unsure what to do next, talk to a trademark practitioner. They can check options in your country, explain deadlines and fees, and help decide whether to renew, restore, or refile. Acting fast gives you the best chance to protect your brand after an expired trademark.