How Long Does a Trademark Last? Renewals and Deadlines Explained

How Long Does a Trademark Last?

A registered trademark does not have a fixed expiration date — but it does not last automatically, either.

In the United States, a federal trademark registration is initially valid for 10 years from the date of registration. After that, it can be renewed for unlimited additional 10-year terms. Theoretically, a trademark can last forever.

The catch: you must file specific maintenance documents at set intervals to keep it alive. Miss a deadline, and your registration can be permanently canceled — even if you are still actively using the brand.

The Three Deadlines Every Trademark Owner Must Know

There are three milestone windows in a trademark's life. Missing any one of them can end your protection.

Year 5–6: The Section 8 Declaration (the hidden deadline)

Between the 5th and 6th anniversary of your registration date, you must file a Declaration of Continued Use — also called a Section 8 filing.

This sworn statement tells the USPTO that you are still actively using the trademark in commerce for the goods or services listed in your registration. You must also submit a specimen — evidence of real-world use, such as a product label, packaging photo, or a screenshot of your website showing the mark in use.

If you miss this filing, your trademark registration is automatically canceled. There is no appeal and no way to reinstate it — you would need to start the entire registration process from scratch.

Important: The USPTO may send a courtesy email reminder, but they are not required to. The reminder can land in spam or go to an outdated address. Tracking this deadline is entirely your responsibility.

Year 9–10: The Combined Section 8 + Section 9 Renewal

Between the 9th and 10th anniversary of your registration, you must file a combined Section 8 and Section 9 application. This is your first full renewal.

• Section 8 again confirms you are still using the mark in commerce (with an updated specimen)
• Section 9 is the formal renewal request that extends your registration for another 10 years

Both forms are filed together as a single combined submission through the USPTO's online TEAS system.

Every 10 Years After That

From the 10-year mark onward, you repeat the combined Section 8 + Section 9 filing every decade — indefinitely, for as long as you want to keep the trademark.

What Is the Grace Period?

Each deadline has a 6-month grace period after the main window closes. You can still file during this time, but you will pay an additional late fee per class of goods or services.

If you miss both the main deadline and the grace period, your registration is canceled. At that point, there is no grace extension, no petition to revive, and no reinstatement. You must file a new trademark application — which means losing your original priority date and potentially allowing a competitor to register a similar mark in the window between your lapse and your refile.

The grace period is a safety net, not a plan. Filing on time costs less and carries zero risk.

How Much Does Trademark Renewal Cost?

The following fees reflect the January 2025 USPTO fee schedule:

If your trademark covers multiple classes of goods or services, these fees multiply by the number of classes. Fees are subject to change — always verify current amounts at USPTO.gov before filing.

What Is a Specimen — and What Counts?

A specimen is proof that you are actively using your trademark in commerce. Acceptable specimens include:

• A product label or tag showing the trademark
• Packaging with the mark clearly visible
• A screenshot of your website or online store displaying the mark alongside products or services
• An advertisement for services that includes the mark

Specimens must show the mark as it actually appears in use, not just the logo file or registration certificate. A specimen that shows use for only some of your listed goods or services can trigger issues with the USPTO audit program — which randomly audits renewal filings and may require you to remove goods or services you cannot prove you are actively using.

Can You Renew a Trademark You Are Not Currently Using?

If you have temporarily stopped using your mark — due to a product pause, a rebrand in progress, or a disruption in your business — you may be able to file a Declaration of Excusable Nonuse instead of a standard Declaration of Use.

To qualify, you must provide a legitimate reason for the nonuse (such as a manufacturing disruption, a supply chain issue, or a planned relaunch) and demonstrate an intent to resume use in the near future.

Excusable nonuse does not protect you indefinitely. If your trademark goes unused for three consecutive years, it can be considered abandoned — and a third party may petition the USPTO to cancel your registration even before your renewal deadline arrives.

What Happens If You Miss the Year 5–6 Filing?

This is the most dangerous misconception in trademark ownership.

If you miss the Section 8 filing between years 5 and 6 — including the 6-month grace period — your registration is permanently canceled. Unlike an abandoned application (which can sometimes be revived via petition), a canceled registration cannot be reinstated.

Your only option is to file a new trademark application. That new application starts from today's filing date, not your original date. If a competitor filed for a similar mark during your lapse window, they may now have priority over you.

Does My Trademark Still Protect Me After It Expires?

Partially — through what are called common law rights.

If you have been continuously using your trademark in commerce, you retain some unregistered rights in the geographic areas where you actually operate, even if your federal registration lapses. These rights allow you to challenge clearly infringing uses within your market area.

However, common law rights are significantly weaker than a federal registration. You lose:

• The right to use the ® symbol
• Nationwide priority and presumption of ownership
• The ability to record your mark with U.S. Customs to block counterfeit imports
• Access to statutory damages in federal court
• The presumption that you own the mark in disputes

Common law protection should not be treated as a substitute for a valid federal registration.

Does a Trademark Last Differently in Other Countries?

Yes. Your U.S. trademark registration provides no protection outside the United States.

Most major jurisdictions — including the EU, UK, Canada, Australia, and China — follow a similar 10-year renewal cycle. However, key differences exist:

• EU trademark (EUTM): 10 years from filing date, renewable indefinitely every 10 years
• UK trademark: 10 years from filing date post-Brexit, separate from the EU system
• Madrid Protocol: Allows you to file a single international application covering up to 130 countries through WIPO, with renewals in 10-year blocks — but each country's local use rules still apply

If your business operates internationally or sells online to global customers, U.S. registration alone is not sufficient.

When to Start Thinking About Renewal

• Before Year 5: Set a calendar reminder for the start of your filing window. The window opens one year before the deadline — so at Year 5, not Year 6.
• At Year 9: Begin the renewal process. Do not wait until the final weeks. If the USPTO issues an office action (requesting a corrected specimen or additional information), you need time to respond before the deadline closes.
• After any rebrand, product change, or business pivot: Check that your trademark registration still accurately reflects the goods and services you currently offer. Updating the record before a renewal is easier than explaining discrepancies after the fact.

What to Avoid

• Relying solely on USPTO reminders. They are courtesy-only and may not reach you.
• Filing during the grace period as standard practice. You pay extra and create unnecessary risk.
• Assuming "dead" means "free to use." A dead trademark in the USPTO database may still be in commercial use by the original owner, who retains common law rights.
• Listing broad goods and services on your renewal that you no longer offer. The USPTO audit program can cancel those classes and create complications.
• Assuming your US trademark covers international sales. It does not.

Next Steps

To keep your trademark protected:

1. Look up your trademark's registration date on the USPTO's TESS database
2. Calculate your Year 5–6 Section 8 window and your Year 9–10 combined renewal window
3. Set calendar reminders at least 12 months before each deadline
4. Gather current specimens (screenshots, product photos, packaging) showing the trademark in active commercial use
5. File through the USPTO's TEAS online portal, or work with a trademark professional to handle the submission

A trademark that is maintained correctly can outlast any patent or copyright — and remain one of the most valuable long-term assets your brand owns.