You’ve invested time and money into building your brand. You’ve registered your trademark with the USPTO. Now comes the question every business owner eventually asks: how long does a trademark last?
Here’s the short answer: a trademark can last forever, but only if you actively maintain it.
Unlike patents (which expire after 20 years) or copyrights (which last the author’s lifetime plus 70 years), trademarks have no built-in expiration date. As long as you continue using your mark in commerce and file the required maintenance documents on time, your trademark protection can continue indefinitely.
This guide covers everything you need to know about trademark duration, renewal requirements, and the specific deadlines you can’t afford to miss.
Key Takeaways
- A federal trademark can last forever. It has no built-in expiration date, unlike a patent (20 years) or a copyright (life of the author plus 70 years).
- File a Section 8 declaration between years 5 and 6, then a combined Section 8 and Section 9 between years 9 and 10, and every 10 years after that.
- The USPTO raised its fees on January 18, 2025. A Section 8 now costs $325 per class, and the combined Section 8 and 9 costs $650 per class.
- Miss the deadline and the six-month grace period, and the registration is canceled permanently. It cannot be revived.
- Rights come from use, not registration alone. Stop using the mark in commerce and you lose it regardless of your filing status.
How Long Does a Trademark Last? The Quick Answer
A federal trademark registration lasts for 10 years from the date of registration, per the USPTO maintenance rules, with unlimited 10-year renewal terms available. However, you must file specific maintenance documents at set intervals to keep your registration active.
Miss these deadlines, and your trademark registration gets canceled. No exceptions.
The key dates every trademark owner must remember:
- Between years 5 and 6: File a Declaration of Continued Use (Section 8)
- Between years 9 and 10: File both a Section 8 Declaration and Section 9 Renewal Application
- Every 10 years after: Repeat the Section 8 and Section 9 filings
What Is a Trademark?
Before diving deeper into trademark duration, let’s clarify what you’re actually protecting.
A trademark is a word, phrase, symbol, design, or combination that identifies and distinguishes the source of goods or services. It is one of the core assets your branding and identity work is meant to protect. Think of the Nike swoosh, the McDonald’s golden arches, or the distinctive Coca-Cola script.
When you own a trademark, you don’t own a logo or a word in the abstract. You own the exclusive right to use that mark in connection with specific goods or services. Your trademark tells customers that your products come from you, not someone else.
The primary purpose is preventing consumer confusion in the marketplace. That’s why the USPTO has a direct interest in ensuring trademarks remain in active use.
Trademarks vs. Patents vs. Copyrights: Understanding the Differences
How long does a trademark last compared to other intellectual property? The differences are significant:
| Type | Duration | Renewable? | What It Protects |
|---|---|---|---|
| Trademark | 10 years (initial) | Yes, indefinitely | Brand identifiers |
| Patent | 20 years | No | Inventions |
| Copyright | Life + 70 years | No | Creative works |
The key distinction: trademarks are the only form of intellectual property that can last forever. But that infinite protection comes with ongoing requirements.
Required Maintenance Documents to Keep Your Trademark Alive
The USPTO requires specific filings at specific times. Understanding each document and its deadline is crucial.
Section 8 Declaration of Continued Use
What it is: A sworn statement confirming you’re still using the trademark in commerce for the goods or services listed in your registration.
When to file: Between the 5th and 6th year after registration, then every 10 years (combined with Section 9).
What you need: A specimen showing current use of your mark (product photos, screenshots, packaging, etc.) and the filing fee.
Current fee: $325 per class (electronic filing). The USPTO raised this fee on January 18, 2025.
Section 15 Declaration of Incontestability (Optional but Recommended)
What it is: A declaration stating your trademark has been in continuous use for five years and is now “incontestable.”
Why it matters: Incontestable status provides additional legal protection, making it much harder for others to challenge your trademark’s validity.
When to file: After five years of continuous use, typically filed alongside your Section 8 declaration.
Current fee: $250 per class.
Section 9 Application for Renewal
What it is: A formal request to renew your trademark registration for another 10-year term.
When to file: Between the 9th and 10th year after registration, and every 10 years thereafter.
What you need: Must be filed together with a Section 8 declaration.
Current fee: $325 per class (electronic filing). Filed together with the Section 8 declaration, the combined cost is $650 per class.
Trademark Maintenance Timeline at a Glance
| Deadline | Required Filing | Consequence if Missed |
|---|---|---|
| Years 5-6 | Section 8 Declaration (+ optional Section 15) | Registration canceled |
| Years 9-10 | Section 8 + Section 9 Renewal | Registration expires |
| Every 10 years after | Section 8 + Section 9 Renewal | Registration expires |
What Happens If Your Trademark Expires or Gets Canceled?
Missing a maintenance deadline has serious consequences.
If you fail to file a Section 8 declaration between years 5 and 6, the USPTO will cancel your registration. If you miss the Section 8/Section 9 combined filing between years 9 and 10, your registration expires.
Once canceled or expired, your registration cannot be revived. You would need to file a completely new trademark application and go through the entire registration process again, assuming no one else has claimed similar rights in the meantime.
The Six-Month Grace Period
There is some flexibility built into the system. The USPTO offers a six-month grace period after each deadline, but it comes with additional fees. For example, if you miss your Section 8 filing window (years 5-6), you have six additional months to file, but you’ll pay an extra surcharge on top of the standard filing fee.
Don’t rely on the grace period as your plan. Mark your calendar for the actual deadlines.
Common Law Rights May Still Exist
Even if your federal registration is canceled, you may still have common law trademark rights if you continue using the mark in commerce. Common law rights arise automatically from actual use, but they’re geographically limited and harder to enforce than federal registration.
Federal registration provides nationwide protection and legal presumptions that common law rights don’t offer. It’s worth maintaining.
How to Keep Your Trademark Alive: Step-by-Step
Maintaining your trademark isn’t complicated. It just requires attention to deadlines and ongoing use of your mark.
- Continue using your trademark in commerce. The USPTO protects marks that are actively used to identify goods or services. If you stop using your trademark, you lose your rights, regardless of whether your registration is current.
- Calendar all maintenance deadlines. Mark the 5th, 6th, 9th, and 10th anniversaries of your registration date. The USPTO sends courtesy reminders, but you’re responsible for filing even if you don’t receive one.
- Keep specimens of use. Maintain current examples showing how you use your trademark: product photos, packaging, website screenshots, advertising materials. You’ll need these for your Section 8 filings.
- File required documents on time. Use the USPTO’s Trademark Electronic Application System (TEAS) to submit your maintenance documents.
- Keep your registration information accurate. If your business name, address, or ownership changes, update your records with the USPTO.
- Consider working with a trademark attorney. An attorney can help ensure filings are correct and complete, reducing the risk of rejection or cancellation.
State Trademarks vs. Federal Trademarks: Duration Differences
Trademark registration can occur at both state and federal levels, and the duration rules differ.
Federal trademarks (registered with the USPTO) last 10 years with unlimited renewal terms, as discussed above. They provide nationwide protection.
State trademarks vary by jurisdiction. Most states also use 10-year terms, but some have different requirements. State registration only protects your mark within that state’s borders.
For most businesses operating across state lines or online, federal registration is the better choice. It provides broader protection and stronger legal standing.
International Trademark Protection
A U.S. trademark registration only protects your mark within the United States. It provides no protection in other countries.
If you need international protection, you have two main options:
- File separately in each country where you want protection. Each country has its own trademark office and requirements.
- Use the Madrid Protocol to file a single international application that can extend to multiple member countries. This simplifies the process but requires an existing U.S. registration or pending application as a basis.
International trademark duration varies by country, though most follow similar 10-year terms with renewal options.
Trademark Abandonment: How You Can Lose Your Rights
Even with a current registration, you can lose trademark rights through abandonment. Under U.S. law, a trademark is presumed abandoned after three consecutive years of non-use.
Abandonment can also occur through:
- Failure to police the mark. If you don’t take action against infringers, you may lose the exclusive right to use your mark.
- Genericide. If your trademark becomes the generic name for a product (like “aspirin” or “escalator”), you lose protection. Companies like Xerox and Google actively fight to prevent their marks from becoming generic terms.
- Improper licensing. Licensing your trademark without maintaining quality control can constitute abandonment.
Frequently Asked Questions
How long does a trademark last if I don’t renew it?
A federal trademark registration lasts 10 years. If you don’t file the required renewal documents (Section 8 and Section 9) between years 9 and 10, your registration expires. You may also lose your registration earlier if you fail to file the Section 8 declaration between years 5 and 6.
Can a trademark last forever?
Yes. Unlike patents and copyrights, trademarks can last indefinitely as long as you continue using the mark in commerce and file all required maintenance documents on time. Some of the oldest active trademarks have been in continuous use for over a century.
What is the cost to renew a trademark?
The combined Section 8 and Section 9 filing costs $650 per class when filed electronically, which is $325 for the Section 8 plus $325 for the Section 9. The USPTO raised these fees on January 18, 2025. Always confirm against the current USPTO fee schedule, since fees change. Late filings during the six-month grace period incur additional surcharges.
Does the USPTO send renewal reminders?
The USPTO sends courtesy email reminders about upcoming maintenance deadlines. However, you’re legally responsible for filing on time even if you don’t receive a reminder. Don’t rely solely on USPTO notifications.
Can I restore a canceled or expired trademark?
No. Once a trademark registration is canceled or expires, it cannot be revived. You would need to file a new application and go through the entire registration process again.
How long does a state trademark last?
State trademark duration varies by jurisdiction. Most states follow a 10-year term similar to federal registration, but requirements differ. Check with your state’s Secretary of State office for specific rules.
Protect Your Brand for the Long Term
So how long does a trademark last? The answer is as long as you want it to, provided you meet your obligations.
Your trademark is one of your business’s most valuable assets. It represents your reputation, your quality, and the trust you’ve built with customers. Protecting that asset requires ongoing attention, but the effort is minimal compared to the value it preserves.
Mark your maintenance deadlines. Keep using your trademark in commerce. File your documents on time. Do these things, and your trademark protection can last as long as your business does.
Need help building a brand identity worth protecting? Connect Media Agency helps businesses develop distinctive visual brands that stand out in the marketplace. Let’s talk about your branding goals.
This article is general information, not legal advice. Trademark rules and USPTO fees change. Confirm current requirements with the USPTO or a licensed trademark attorney before you file.
