How Long Do Trademarks Last? Lifespan, Renewal Timeline, and Consequences of Missing a Deadline (US Guide)

Many founders assume trademarks are “set and forget” — file once and move on. In the U.S., registrations last only so long as you actually use the mark and meet strict maintenance deadlines; missed filings can cancel registrations, strip federal presumptions, trigger costly rebrands, and materially reduce IP value.

This practical, US‑focused guide and checklist is for startup founders, brand owners, in‑house counsel, and small‑firm lawyers. It explains trademark lifespan, the Section 8/9/15 maintenance timeline, grace periods, how to remediate missed renewals, and immediate steps to protect core marks. For help on class/scope decisions before you renew, see Promise Legal’s trademark classes explainer: Trademark Classes for Startups.

Trademark Lifespan 101: Why Your Rights Aren’t Actually “Forever”

Trademarks can last indefinitely — but only if you keep using the mark and meet maintenance requirements. Failing to do so lets registrations lapse and weakens protection.

• Common‑law rights: arise from actual use in a geographic area; protection is narrower and harder to enforce.
• Federal registration (USPTO): gives nationwide presumption of ownership, public notice via the USPTO database, stronger enforcement tools, and IP value for fundraising/M&A.

Example: a founder ignores USPTO notices; the registration is later found “dead” during a funding round — costly to replace. Operational takeaway: treat trademarks as living assets — track use, calendar maintenance deadlines, and budget routine upkeep. For help with class/scope choices, see Promise Legal’s guide: Trademark Classes for Startups.

How Long Does a Federal Trademark Registration Last in the US?

The Basic Rule in One Sentence

A U.S. federal registration can last indefinitely — but only if you keep using the mark and timely file required maintenance filings.

The Key Timeline at a Glance

• Year 0: registration issues (registration date).
• Years 5–6: Section 8 Declaration of Use (or excusable nonuse); optional Section 15 for incontestability.
• Year 10: first full renewal — combined Section 8/9 filing.
• Every 10 years: repeat combined Section 8/9 renewals (years 19–20, 29–30, etc.).
• Note: limited grace periods and additional fees may apply after deadlines — calendar early.

What filings prove: Section 8 shows continued "use in commerce"; Section 15 (after 5 years) establishes incontestability; Section 9 renews the registration for another decade.

Example: registration issued in 2024 → Section 8 due in the 2029–2030 window; first combined Section 8/9 due around 2034; subsequent renewals in 2044, 2054, etc.

Operational takeaway: add these windows to your calendar on receipt of the registration certificate and set multiple reminders; consult counsel for ownership or specimen issues.

Understanding “Use in Commerce” and Why It Drives Renewal

“Use in commerce” means you’re actually using the mark in the marketplace for the goods or services claimed. For goods, that typically means the mark appears on the product, its packaging, or a sales page showing the product for sale. For services, the mark should appear in advertising, on a website describing the service, invoices, or similar materials.

Specimens: the USPTO requires a specimen with maintenance filings to prove real use — examples include product packaging photos, website screenshots showing purchase or booking options, app‑store listings, or ad screenshots. You must show use for each class you want to keep.

What If You Pause or Scale Back Use?

Temporary interruptions may qualify as excusable nonuse on a Section 8 filing, but true nonuse risks cancellation. If you’ve dropped lines, consider deleting specific goods/services at renewal rather than over‑claiming. For example, a SaaS that pivots can often keep a broad "software" or "SaaS" description but should remove obsolete feature‑specific claims. Operationally: review marketing and product use before filing and coordinate changes with counsel. For help understanding classes, see Promise Legal’s explainer: Trademark Classes for Startups.

The Trademark Renewal and Maintenance Process, Step by Step

Maintaining a Registration at Years 5–6 (Section 8 and Optional Section 15)

At roughly year 5–6 you must file a Section 8 Declaration of Use with a specimen and fee. Consider filing Section 15 (incontestability) after five continuous years of use to strengthen your presumptions of validity. Practical checklist: registration number and class; current owner/entity; date/place of first use; clear specimen showing the mark in commerce; authorized signer and payment.

Renewing at Year 10 and Every 10 Years After (Sections 8 and 9)

At year 10 file the combined Section 8/9 renewal (then every 10 years thereafter). Checklist: confirm owner name/entity, goods/services still in use, per‑class specimens, authorized signer, and fee payment. File via USPTO TEAS and monitor fee or rule changes before filing.

Common Pitfalls

• Wrong owner listed (e.g., company converted from LLC to Inc. but registration not updated).
• Over‑claiming goods/services no longer in active use.
• Submitting weak or improper specimens (don’t use mock‑ups).
• Waiting until the deadline’s last days and encountering technical or administrative delays.

Example: a company that changed from an LLC to a corporation after funding failed to update the owner on record; renewal flagged ownership issues and delayed the filing. Operational takeaway: begin renewal planning several months ahead, gather documents, and coordinate with counsel and internal stakeholders. For help understanding classes and what to claim, see Promise Legal’s class explainer: Trademark Classes for Startups.

Consequences of Failing to Renew or Maintain a Trademark

What Happens at the USPTO Level

If you miss maintenance filings the registration will be cancelled or expire and show as “dead” in the USPTO records. You lose the federal presumption of ownership and many procedural advantages; competitors or domain squatters can more easily seek registrations or challenge your use.

What Happens to Your Brand Rights in Practice

You may retain narrow common‑law rights only where you still use the mark, but enforcement becomes slower, costlier, and less certain. You might need to re‑file and will likely lose the original priority date.

Business & Financial Impacts

• Forced rebranding costs (design, packaging, domains, SEO).
• Reduced IP value in fundraising, M&A, or licensing.
• Risk of breaching contracts that require maintained registrations.

Example: a consumer brand misses renewal; a competitor registers a similar mark and forces disputes on new product lines.

Operational takeaway: calendar maintenance windows and budget routine upkeep — the cost of losing a registration almost always exceeds filing and counsel fees. For guidance on scope and classes before you act, see Promise Legal’s trademark class explainer: Trademark Classes for Startups.

Can You Fix a Missed Trademark Renewal or a Cancelled Registration?

There may still be options if you act fast. The USPTO typically provides a six‑month grace period after maintenance deadlines — filings made during that window (with an extra fee) will usually preserve the registration. Miss the grace period and the registration is cancelled; you’ll generally need to file a new application and lose the original priority date.

Re‑Filing After Cancellation

Re‑filing is practical when you still use the mark and no one else has claimed it, but expect risks: intervening rights, higher clearance costs, and weaker enforcement. Run a fresh clearance search before refiling and weigh alternatives such as coexistence agreements, licensing, or rebranding.

International Considerations

Foreign registrations and Madrid Protocol designations follow their own timelines — coordinate global maintenance rather than assuming U.S. filings suffice.

Example: a startup discovers a cancellation two years after the deadline; options include refiling (with loss of priority), negotiating with a new registrant, or rebranding. Operationally: act immediately, run a clearance search, and consult counsel. For class/scope questions that affect refiling strategy, see Promise Legal’s guide: Trademark Classes for Startups.

How to Proactively Manage Trademark Renewals for Your Business

Build a calendar or docket: track every registration, filing window, and owner with calendar reminders, docketing software, or outside counsel. Set multiple alerts (1 year, 6 months, 3 months) so renewals are never last‑minute.

Align renewals with strategy

Before each filing review actual use versus claimed goods/services. Prune dead brands, consolidate overlapping classes, and align renewals to product roadmaps to avoid over‑claiming.

When to DIY vs. hire counsel

DIY simple, single‑class renewals if specimens and ownership are straightforward. Engage counsel for ownership changes, multi‑class portfolios, contested marks, tricky specimens, or international coordination.

Example: a scaling startup centralizes its marks in a single tracker, drops obsolete product marks, and routes exceptions to legal for review. Operational takeaway: treat renewals as ongoing brand governance, not a once‑a‑decade scramble. For class guidance, see Promise Legal’s explainer: Trademark Classes for Startups.

FAQs on Trademark Lifespan and Renewal (US-Focused)

• Can a trademark last forever? Yes — practically indefinitely if you keep using the mark and timely file required maintenance (Section 8/9). Miss those deadlines and the federal registration can be cancelled.
• Do trademarks expire if you stop using them? Yes — abandonment or prolonged nonuse can lead to cancellation; you might retain narrow common‑law rights in areas of actual use, but enforcement is harder. Talk to counsel before pausing use.
• Is there a grace period for renewal? The USPTO offers limited grace windows (commonly about six months) with extra fees for late maintenance filings, but relying on grace is risky — file early.
• Can I revive a cancelled registration? Sometimes — short remedy windows exist, but often you must refile and lose the original priority; run a clearance search and consult counsel promptly.
• How much does renewal cost? USPTO fees are charged per class and vary; simple online renewals are typically a few hundred dollars per class, while complex issues raise costs. For class guidance see Trademark Classes for Startups.

Actionable Next Steps

Use this short checklist to protect core marks in the next 30–90 days.

• Inventory your trademarks: registration numbers, classes, registration dates, and current owner (spreadsheet or CLM).
• Build a central docket/calendar with Section 8, Section 15 and Section 9 deadlines (include grace periods); set reminders at 12, 6 and 3 months.
• Compare each registration to actual product/marketing use and your roadmap; decide whether to renew, narrow, consolidate, or abandon.
• Engage trademark counsel to audit ownership, specimens, and fix gaps before the next maintenance window.
• If you plan to operate internationally, map US maintenance dates to foreign renewal obligations and prioritize high‑risk jurisdictions.
• Need help? Schedule a portfolio audit or renewal strategy session with Promise Legal: Promise Legal — Featured Services.

Routine, documented upkeep prevents expensive lapses — start the inventory today.