How Long Does a Trademark Last? Renewal Deadlines, Fees, and How Marks Die
Short answer
A US federal trademark registration lasts as long as the mark is used and the maintenance filings are made: a declaration of continued use between years five and six after registration ($325 per class), a combined declaration and renewal between years nine and ten ($650 per class), and then a renewal every ten years for as long as the mark is in use. There is no maximum. Miss a deadline and the registration is cancelled after a six-month grace period; the only way back is a new application. Unregistered (common-law) rights last as long as the name is in use, with no filings at all.
A trademark is the only form of intellectual property with no expiry date. Patents run out at twenty years and copyrights at life plus seventy. A trademark registration can be renewed forever, and some have been: marks first registered in the 1870s are still live on the register today.
The condition is use. A trademark exists to identify the source of goods or services, and a mark that is no longer used no longer does that. The maintenance filings are the USPTO's way of asking, at years five and ten and every ten after, whether the mark is still in commerce. Stop using it, or stop answering, and the registration lapses.
The USPTO does not send reminders. The deadlines are the owner's to track, and missing one is the most common way a valid registration dies.
The maintenance timeline
All dates run from the registration date, not the filing date. For an intent-to-use application that took two years to register, the year-five window opens seven years after filing.
| When (after registration) | Filing | USPTO fee | What it does |
|---|---|---|---|
| Years 5–6 | Section 8 declaration of continued use | $325 per class | Confirms the mark is in use; required or the registration is cancelled |
| Years 5–6 (optional) | Section 15 declaration of incontestability | $250 per class | Makes the registration immune to most challenges; usually filed with Section 8 |
| Years 9–10 | Combined Section 8 & 9: declaration and renewal | $650 per class | Renews the registration for ten years |
| Years 19–20, 29–30, and so on | Combined Section 8 & 9 | $650 per class | Every ten years, indefinitely |
| Any window, up to 6 months late | Grace period surcharge | +$100 per class per section | Late filing accepted with the surcharge; after six months, cancellation |
The first ten years cost $975 per class in maintenance with Section 15, or $650 without it. Every decade after is $650 per class. Attorney fees for preparing the filings, if used, are typically $200 to $500 on top; see trademark attorney fees.
Each filing needs a specimen showing the mark in current use on the goods or in connection with the services, for every class in the registration. A registration in three classes needs proof of use in all three, or the unused classes are deleted.
The grace period, and what happens after it
Each maintenance window is followed by a six-month grace period. A filing made in the grace period is accepted with a surcharge of $100 per class per section: $100 for a late Section 8, $200 for a late combined 8 & 9.
After the grace period, the registration is cancelled, and there is no petition to revive it. The mark can still be used, and the owner still has whatever common-law rights use has created, but the federal registration is gone and a new application at $350 per class, with a new filing date, is the only way back onto the register. In the gap, anyone who filed a similar mark has priority over the new application.
The year-five deadline is the one most often missed, because it arrives once, in a window most owners have forgotten about, four years after they last thought about the registration. The year-ten renewal is missed less often because ten years is a round number people remember.
Incontestability: what Section 15 buys
Between years five and six, a registration that has been in continuous use can be declared incontestable. It is optional, costs $250 per class, and is almost always worth filing with the Section 8.
An incontestable registration cannot be cancelled on the grounds that the mark is merely descriptive or that someone else has prior rights, the two most common attacks on a registration. It can still be cancelled for genericness, abandonment, or fraud. For a mark that will be enforced or licensed, incontestability is the difference between a registration that can be challenged in court and one that mostly cannot.
How trademarks die
Missing a filing is one way. There are four others, and none of them involve a deadline.
| Cause | What it means | How long it takes |
|---|---|---|
| Non-use (abandonment) | The mark stops being used with no intent to resume | Three years of non-use is presumed abandonment |
| Genericness | The mark becomes the ordinary word for the product (aspirin, escalator, thermos) | Years of the public using it generically, then a cancellation action |
| Cancellation | A third party petitions the Trademark Trial and Appeal Board, usually for prior rights, descriptiveness, or fraud | A proceeding of one to three years |
| Deleted classes | Maintenance filed for some classes but not others | At the maintenance filing |
| Missed maintenance | Section 8 or 8 & 9 not filed in the window or grace period | Cancelled automatically at the end of the grace period |
Abandonment is the one that happens quietly. Three consecutive years without use in commerce creates a presumption that the mark is abandoned, and a registration for an abandoned mark can be cancelled by anyone who wants the name. A business that pauses a product line for three years and keeps paying maintenance fees still has a registration that is vulnerable.
Genericness is the one famous marks fear. A mark that becomes the everyday word for the category loses protection regardless of how much has been spent defending it. It is why brand owners run advertisements reminding the public that the name is a brand.
Pending applications and how long they take
A registration lasts indefinitely; getting one takes about a year.
| Stage | Typical time |
|---|---|
| Filing to first examination | 6–8 months |
| Office action response window | 3 months (extendable to 6 for a fee) |
| Publication for opposition | 30 days after approval |
| Registration (use-based) | 12–18 months from filing in total |
| Registration (intent-to-use) | The above plus however long until the Statement of Use is filed; extensions available for up to 3 years |
The filing date is what matters for priority, and it is fixed the day the application is filed. The year of waiting does not weaken the claim; anyone who files a similar mark during it is behind you.
State and common-law marks
State trademark registrations have their own terms, usually five or ten years, renewable, with fees set by the state. They are separate from the federal register and do not maintain themselves when the federal registration is renewed.
Common-law rights need no filings and have no term. A name used in commerce carries rights in the region of use for as long as the use continues, and those rights end when the use does. There is nothing to renew and nothing to forget; there is also nothing on any register, which is why they are hard to prove and easy to overlook. See common law trademark rights.
Keeping a registration alive
- Calendar year five and year ten on the day the registration issues, with a reminder a year ahead of each window. The USPTO will not.
- Keep specimens of the mark in use for every class: packaging, screenshots, invoices. The maintenance filing needs current ones.
- File Section 15 with the year-five Section 8 if the mark has been in continuous use. $250 per class buys incontestability.
- Watch the classes. If a product line in one class is discontinued, that class will be deleted at the next maintenance filing; the rest of the registration survives.
- Do not pause use for three years without documenting an intent to resume. Abandonment is presumed at three years and the registration can be taken.
- Keep the owner's address current at the USPTO, since correspondence about the registration goes there and a lost letter is a missed deadline.
Common questions
How long does a trademark last?
Indefinitely, as long as the mark is used and the maintenance filings are made: a declaration of use at years five to six, a renewal at years nine to ten, then every ten years. There is no maximum term.
Do trademarks expire?
A registration is cancelled if a maintenance filing is missed, and it can be cancelled for abandonment (three years of non-use), genericness, or on a third party's petition. A maintained, in-use mark does not expire.
How much does it cost to renew a trademark?
$650 per class every ten years for the combined Section 8 and 9 filing, plus $325 per class once at year five to six for the first Section 8. Late filings add $100 per class per section. Attorney fees, if used, are typically $200 to $500 per filing.
When is the first trademark renewal due?
The first maintenance filing, the Section 8 declaration of use, is due between the fifth and sixth anniversaries of the registration date. The first renewal proper, the combined Section 8 and 9, is due between the ninth and tenth anniversaries.
What happens if I miss the trademark renewal deadline?
You have a six-month grace period at $100 per class per section extra. After that the registration is cancelled and cannot be revived; the only route back is a new application with a new filing date.
Does the USPTO remind me to renew?
No. The USPTO sends a courtesy email to registrants who have provided one, but it is not guaranteed and it is not a legal notice. The deadlines are the owner's responsibility.
How long does a trademark last if I stop using it?
Three consecutive years of non-use creates a presumption of abandonment, after which the registration can be cancelled on petition. Maintenance filings require a sworn statement of current use, so an unused mark cannot be maintained honestly.
Can a trademark last forever?
Yes. As long as the mark is used and renewed every ten years, there is no limit. Several US registrations date from the nineteenth century and are still live.
How long does a trademark application take?
Twelve to eighteen months from filing to registration for a use-based application with no complications; longer with an office action or for an intent-to-use application waiting on a Statement of Use.
Is a trademark valid in every state?
A federal registration is valid nationally. A state registration is valid only in that state and has its own term, usually five or ten years. Common-law rights are valid only where the mark is actually used.
What is trademark incontestability?
A status a registration can claim after five years of continuous use, by filing a Section 15 declaration ($250 per class). It shields the registration from cancellation for descriptiveness or prior rights, though not for genericness, abandonment, or fraud.
How long does a trademark last in other countries?
Most offices, including the EU, UK, and Canada, register for ten years and renew for ten at a time, similar to the US, but each country's registration is separate and must be maintained separately. A US registration protects nothing abroad.
Keep reading
- How much does a trademark cost? USPTO fees, end to end
- Trademark attorney fees: what lawyers charge
- Common law trademark rights: what use alone gives you
- Trademark classes: the complete list, with live counts
Silvol checks a name against live US federal trademarks and the .com zone. It is not a law firm and does not clear names for use. USPTO fees are from the schedule effective 18 January 2025; confirm current deadlines and fees at uspto.gov before filing.
Silvol is not a law firm and does not clear names for use.