How Long Do Trademarks Last? Lifespan, Renewal Timeline, and How to Maintain Protection

Trademarks are often a startup’s most durable brand asset — but many founders assume that once the USPTO issues a registration, it lasts forever. In reality, rights can quietly erode if you miss maintenance deadlines, stop using the mark in commerce, or let the mark drift toward generic use. This guide is a practical, calendar-driven walkthrough of how long U.S. trademarks can last, which USPTO filings matter most, and what disciplined teams do each year to keep protection strong. (International rules can differ significantly.)

Quick answer: U.S. trademark registrations can last indefinitely if you keep using the mark and file required maintenance/renewal documents — typically at years 5–6, years 9–10, and then every 10 years thereafter.

If you’re still choosing coverage, see Trademark Classes for Startups.

Understand What “Trademark Lifespan” Really Means

A registration has a lifespan; trademark rights have a lifecycle. A federal registration is a government record that stays active only if you keep meeting USPTO rules. The underlying trademark right, however, is tied to continued use in commerce and the mark staying distinctive — so (unlike patents or copyrights) it can last as long as the brand stays in use and is properly maintained.

In the U.S., a registration runs on a 10-year cycle, but there’s a critical “midterm” requirement: you must file a maintenance declaration between the 5th and 6th year after registration, and then renew every 10 years with additional filings. The USPTO is explicit that missing deadlines can lead to cancellation or expiration.

Common-law rights can arise from use without registration, but they’re typically narrower and harder to enforce — so this guide focuses on federal registrations.

Example: a SaaS startup registers its name, never calendars the 5–6 year filing, and later learns the registration was canceled — forcing a refile and risking lost priority if a competitor filed first.

What this means for you: treat trademarks like living assets — keep using them, document that use, and calendar post-registration filings alongside your other core compliance work.

Map the U.S. Trademark Maintenance and Renewal Timeline

The key USPTO filings and when they’re due

• Year 5–6 after registration: file a Section 8 declaration (continued use or excusable nonuse). Many owners also file Section 15 (optional incontestability) if eligible.
• Year 9–10: file a combined Section 8 + Section 9 renewal to keep the registration active for the next 10-year term.
• Every 10 years after that: repeat the combined Section 8 + Section 9 filing on the same cycle.

The USPTO generally provides a six-month grace period after these deadlines (with extra fees), but if you miss it — or the filing is unacceptable — the registration can be canceled or expire. See the USPTO’s overview: Keeping your registration alive.

What you actually submit at each stage

• Current owner name/address and a reliable contact email.
• An accurate goods/services list (delete anything no longer in use).
• Specimens showing real-world use for each class.
• Use dates and a verified statement that the mark is in commerce.

Example: your consumer app drops an old hardware product but adds new services. In the Section 8/9 cycle, you remove the discontinued goods and plan a new filing to cover the added services.

Operational takeaway: build reminders 18–24 months before each window and keep a shared “specimen folder” so renewals aren’t a last-minute scramble.

Know the Consequences of Missing a Trademark Renewal or Filing Bad Maintenance

What happens if you miss a deadline

For most post-registration filings, the USPTO provides a six-month grace period after the due date, but you’ll pay additional fees. If the grace period ends without an acceptable filing, the registration is canceled or expires — and you don’t “pause” rights just because you intended to file later.

• You lose key federal benefits (nationwide presumptions and the registration’s blocking effect in USPTO searches).
• Enforcement usually gets harder and more expensive, and you may lose priority if someone else files in the meantime.
• You may have to start over with a new application (and risk refusal based on intervening marks).

Risks of inaccurate or low-quality maintenance filings

Maintenance is also a truth-and-evidence exercise. Over-claiming use for goods/services you’ve stopped selling, submitting mockups or incorrect specimens, or ignoring an Office Action can weaken — or in extreme cases jeopardize — the registration.

Example: an e-commerce brand uses a cheap filing service that “checks all the boxes,” keeps unused goods, and recycles old mockups; later, in a dispute, the registration is attacked for nonuse.

Operational takeaway: it’s usually safer to delete unused goods/services than to over-claim — and high-value marks deserve counsel review.

Maintain Use and Distinctiveness: Protecting a Mark Between Renewals

Continuous use and avoiding abandonment

Trademark rights don’t “coast” between USPTO filings — they’re grounded in ongoing use in commerce for the specific goods/services in your registration. Long, unexcused gaps in use can put you at risk; in U.S. practice, three years of nonuse is commonly treated as strong evidence of abandonment.

• Keep the mark in real, customer-facing use (not just internal decks).
• If sales pause, consider bona fide options like limited resumed sales or properly controlled licensing.
• If you may need “excusable nonuse,” document the business facts contemporaneously.

Preventing genericide and misuse of your brand

A mark can weaken if the public starts using it as the generic product name. Brand hygiene helps: use the mark as an adjective (e.g., “ACME® platform”), apply ™/® appropriately, and train marketing/support teams on consistent usage.

Example: users start “verbing” your AI tool’s name and your marketing copies it — later, a competitor argues the term has become generic.

Monitoring the marketplace and enforcing your rights

Unchallenged confusing uses can snowball. Build a light routine: quarterly marketplace/app store searches, watch similar USPTO filings, and set alerts for key variations — then respond proportionally (education, takedowns, C&Ds, litigation as a last resort).

Operational takeaway: adopt an annual/quarterly cadence that combines usage review, specimen capture, and basic monitoring so renewals are easy and enforceability stays strong.

Coordinate Trademark Maintenance with Brand and Product Changes

Trademark maintenance isn’t just about dates — it’s about keeping your registrations aligned with how you actually use the brand. If you rebrand, refresh a logo, add a new slogan, or pivot your product, an older registration may no longer match real-world use. Over time, relying on a materially different word mark or logo can weaken the original registration and complicate renewals (especially when you need clean specimens that show current use).

• Before a rebrand: inventory existing registrations and decide what to keep, replace, or sunset.
• Logo updates: consider filing a new application for the updated design while continuing to use (and maintain) the old mark if it’s still in the market.
• New goods/services: don’t assume your current registration covers expansions — file new applications to match the roadmap.

Example: a PM SaaS pivots into HR tools under the same brand but never expands its ID of services; a competitor in HR files a similar mark, shrinking enforcement leverage.

Operational takeaway: adopt a policy that any major brand/product change triggers a quick trademark check-in with counsel.

Brief Note on International Trademark Lifespans and Renewals

The filing and maintenance timeline above is U.S.-specific. Outside the U.S., each country (and regional systems like the EU) sets its own term, renewal mechanics, and use requirements — so don’t assume your USPTO calendar covers your global brand.

At a high level, many jurisdictions follow a familiar rhythm: 10-year terms renewable in 10-year increments (for example, EU trade marks run 10 years from filing and may be renewed indefinitely). The Madrid Protocol can simplify international portfolio administration by letting owners renew an international registration with WIPO in 10-year blocks, but you still must comply with each designated country’s local rules (and local vulnerability to nonuse can differ).

Practical guidance: if you sell or plan to sell in multiple key markets, coordinate with counsel who knows those jurisdictions, and calendar foreign renewals alongside U.S. Section 8/9 deadlines.

Operational takeaway: treat international trademark maintenance as a portfolio strategy — not an ad hoc country-by-country scramble.

Practical Trademark Maintenance Checklist (Annual and Long-Term)

Annual / semi-annual cadence

• Confirm use: verify each registered mark is still used for every listed good/service; flag anything discontinued.
• Capture specimens: save dated screenshots, packaging photos, labels, app store pages, or purchase-flow pages for each class.
• Usage hygiene: review website, app, social, and contracts for consistent spelling and proper ™/® use.
• Basic monitoring: run quick searches (Google, marketplaces, app stores) and log confusing uses and your response.
• Change check: note any rebrand, logo refresh, or product expansion that may require new filings.

Deadline-driven / long-term

• Central calendar: track all Section 8/9 (and if used, Section 15) deadlines with 12–18 months of lead time.
• Assign an owner: one person/team accountable for reminders, specimen collection, and outside counsel coordination.
• Portfolio review: for high-value marks, schedule periodic counsel checkups to prune unused goods and file for new coverage.

Operational takeaway: treat trademark maintenance as a repeatable internal process (or managed service), not a once-a-decade cleanup.

FAQs: Common Questions About Trademark Lifespan, Renewal, and Maintenance

Can a trademark last forever?

Potentially, yes. In the U.S., trademark rights can continue indefinitely as long as the mark stays distinctive, remains in use in commerce, and you file the required USPTO maintenance/renewal documents on time.

What happens if I forget to file my Section 8 or renewal on time?

The USPTO typically allows a six-month grace period (with extra fees). If you still don’t file an acceptable submission by the end of the grace period, the registration is canceled or expires.

Do I need a lawyer to renew my trademark?

You can file maintenance and renewal documents yourself. But counsel is strongly recommended for high-value marks, portfolios with many classes, tricky specimens/use questions, or when international filings are involved.

If I stop using my trademark for a while, do I automatically lose it?

Not instantly, but prolonged nonuse can lead to abandonment. In many cases, three years of nonuse is strong evidence of abandonment, though limited “excusable nonuse” may apply in narrow situations.

Does maintaining my domain name or company name registration keep my trademark alive?

No. Domain ownership and state business registrations are separate from trademark use; they don’t replace actual use of the mark on the listed goods/services in commerce.

Can I change my logo or tweak my brand name without refiling my trademark?

Minor changes may be okay, but material changes can fall outside your existing registration and create renewal/specimen problems. When in doubt, a new filing for the updated mark is often the safer approach.

Treat Your Trademark as a Living Asset

Trademarks can be one of your company’s longest-lasting assets — but only if you keep the mark in use, preserve proof of that use, and hit the USPTO’s maintenance and renewal deadlines. Neglect is expensive: a canceled registration can mean weaker enforcement, lost priority, and a costly “start over” refiling at the worst possible time.

The mindset shift is simple: don’t treat trademark registration as a one-time project. Treat it like a living portfolio that evolves with your products, marketing, and roadmap.

Need a second set of eyes? Promise Legal can help you audit your trademark portfolio, set up a renewal/monitoring calendar, and plan for rebrands or upcoming maintenance filings. Learn more about our approach at Promise Legal Trademarks.

Actionable Next Steps

• List your trademarks (registered and unregistered) and identify the marks that are mission-critical.
• Pull USPTO registration certificates and record the 5–6 year and 10-year windows for each registration.
• Set reminders 12–18 months before each deadline and assign one internal owner.
• Create a dated specimen folder for each mark/class (web, packaging, app-store listings, purchase flows).
• Review marketing usage guidelines to reduce genericide and inconsistent brand use.
• Schedule a portfolio review with counsel for your highest-value marks and any upcoming pivots.