Intellectual Property & Branding

How Long Do Trademarks Last? Registration, Renewals, and Rights

Promise Legal Staff

20 Jan 2026 • 8 min read

This is a practical guide for founders, in-house counsel, and brand/marketing leaders who need a clean, operational way to keep U.S. trademarks alive. Trademarks can be long-term assets, but federal registrations come with hard maintenance checkpoints tied to ongoing use in commerce and timely filings. Miss a window and the USPTO can cancel the registration — often quietly — creating openings for competitors and complicating enforcement, fundraising, or diligence. (International registrations often renew on similar cycles, but local rules vary.) For a deeper maintenance playbook, see Why trademark lifespan and renewals matter for serious brands.

TL;DR: Trademark Lifespan and Renewal in One View

Plain answer: U.S. federal trademarks can last indefinitely if you keep using the mark and file the required maintenance/renewals on time.

Year 0: Registration issued.
Years 5–6: File Section 8 (Declaration of Use); optionally Section 15 (incontestability) if eligible.
Years 9–10 and every 10 years: File combined Section 8 & 9 renewal.
Grace period: typically 6 months after each deadline, with added fees; after that, the registration is cancelled/expired.

If you miss maintenance: you can lose the registration's nationwide advantages and priority signals.

Understanding Trademark Lifespan: Registration vs. Actual Rights

A common mistake is treating a USPTO registration as the same thing as trademark rights. In the U.S., trademark rights are fundamentally use-based: they can last indefinitely if the mark stays distinctive and you keep using it on/for the covered goods or services. Registration is different — it’s a powerful set of legal advantages, but it’s conditional on maintenance filings and fees.

“Use in commerce” means real-world, bona fide marketplace use in the ordinary course of trade — not token activity done just to “hold” a mark. The Lanham Act defines it that way: “the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark.”

Example: a SaaS company keeps selling under its brand but misses its Section 8 filing. Its common-law rights may continue where it actually operates, but the USPTO registration can be cancelled — costing nationwide presumptions and leverage. State and international registrations follow different rules; this guide is U.S.-federal focused.

Know the Exact U.S. Trademark Renewal and Maintenance Timeline

This is the backbone of the guide: your registration stays alive only if you hit the USPTO’s checkpoints (and keep using the mark). The USPTO is explicit that if you don’t file required maintenance documents by the deadlines, the registration can be cancelled or expire.

Initial Registration and First Five Years

When your registration issues, you get nationwide benefits tied to the registration (including priority presumptions). There’s no renewal due before year 5, but this is when you should start docketing immediately. Example: a founder hears “trademarks last 10 years” and misses the year 5–6 maintenance filing — an avoidable, costly misconception.

Years 5–6: Section 8 (and Optional Section 15)

Section 8 is your “still using it” proof: a declaration, fee, and a current specimen showing real use for the listed goods/services. File in the 5th–6th year window (plus a limited grace period with a surcharge). Section 15 (if eligible) can be filed after five years of continuous use to strengthen the mark.

Why Section 15 matters: stronger presumptions; fewer grounds for certain challenges.

Years 9–10 and Every 10 Years Thereafter: Section 8 & 9

Every 10 years you typically file a combined Section 8 & Section 9 (use + renewal). Use the renewal to confirm your goods/services still match real use — trim overbroad items to reduce nonuse risk.

How to Track and Avoid Missing Deadlines

Calendar/docket reminders at 12, 6, and 3 months before each window.
Assign a single owner (with a backup) and confirm whether counsel is monitoring.
As the portfolio grows, move from spreadsheets to a formal docketing tool.

Why Maintaining Active Trademark Rights Matters for Serious Brands

Trademark maintenance isn’t “paperwork for lawyers.” It’s what keeps your brand enforceable, financeable, and easy to defend across channels.

Legal Advantages of an Active Federal Registration

Nationwide presumptions of ownership and exclusive rights for listed goods/services.
Public notice that deters copycats and helps clear conflicts early.
Right to use ® (and the signaling value that comes with it).
Faster enforcement in disputes and platform takedowns (marketplaces, app stores, social).
Potential to record with U.S. Customs to help block counterfeit imports.

Example: a marketplace removes a copycat listing after the brand submits a live registration; without it, support teams often demand more proof and move slower.

Commercial and Strategic Value

Investors, acquirers, and key partners routinely check whether core marks are registered and in good standing. A cancelled registration can depress valuation, delay closing, and trigger price cuts or tighter indemnities.

Internal Operations and Brand Management

Maintenance also keeps teams aligned: marketing needs to know which names/logos are protected, and legal/ops should run a simple annual or semi-annual brand IP review (current use, upcoming deadlines, new sub-brands). Related: turn trademark protection into a repeatable system.

What Happens If You Let a Trademark Registration Expire?

“Expiration” can mean different things — missing a maintenance filing, missing a renewal, or letting a mark go unused. The consequences depend on whether you’re still using the mark and how quickly someone else moves to claim it.

Immediate Legal Consequences of Cancellation

If the USPTO cancels a registration for non-maintenance, it’s removed from the federal register. You lose key benefits like nationwide presumptions of validity/ownership and much of the deterrent effect of showing up as a live registration. The mark can look “available” to others searching the register.

Example: a competitor sees your registration is cancelled, files a new application, and creates a roadblock to your re-registration.

What Happens to Your Underlying Rights?

If you continue genuine use, you may still have common-law rights — but typically only where you actually used the mark (and for what you actually sold). Enforcing those rights is more fact-heavy and expensive, and expansion can get messy if others file in the gap.

Business and Operational Fallout

Slower platform takedowns and more friction with online enforcement.
Higher risk of customer confusion as similar brands appear.
Costly rebranding if a new registrant gains stronger rights.
Contract issues if a license/franchise required maintaining registrations.

What to Do If You’re Near, Past, or Already Missed a Trademark Deadline

Don’t panic — but act fast. The USPTO’s post-registration windows are strict, and once a registration expires or is cancelled, it generally can’t be reinstated; you may have to start over with a new application.

If a Maintenance or Renewal Deadline Is Coming Up

Confirm the registration number and deadline in TSDR.
Verify the mark is in bona fide use for each listed good/service.
Collect specimens (e.g., packaging/labels, website order pages, app store listings, service ads with a clear way to purchase).
Decide whether to narrow goods/services to match actual use.
File the right combo: Section 8 (and if applicable Section 15 or Section 9).

Example: at month 58, a startup realizes its 5–6 year filing window is approaching and files on time after a quick use/specimen audit.

If You Are Within a Grace Period

Many maintenance filings allow a limited 6-month grace period with extra fees. File ASAP — waiting increases the risk that a third party files or scales a confusingly similar brand.

If Your Registration Has Already Been Cancelled

Assess quickly: Are you still using the mark continuously? Has anyone else filed or begun using a similar mark? You may need to refile, negotiate coexistence, or choose a safer rebrand path. Related: trademark registration basics for startups.

Using and Policing Your Trademark So It Stays Strong

Renewals keep a registration on the books, but day-to-day brand hygiene is what keeps rights strong and defensible.

Make Sure Your Use Matches Your Registration

Two common mismatches: (1) the business pivots, but the registration still lists old goods/services; (2) the logo/wordmark changes materially, but the registration doesn’t match what’s actually used. Run a periodic audit: compare each registration to current product pages, packaging, app store listings, and marketing, and flag marks you’ve stopped using (so you can let them lapse intentionally).

Example: a startup rebrands, yet keeps renewing an abandoned logo — an audit would save fees and clean up the portfolio.

Avoid Genericide and Improper Use

Use the mark as an adjective: “ACME software platform,” not “an ACME.”
Train marketing/support on consistent capitalization and usage.
Correct third-party misuse (politely, in writing) when it matters.

Policing Third-Party Use

Ignoring confusingly similar use can weaken enforcement and invite dilution. Keep it scalable: monitor key channels periodically, prioritize high-risk infringers, and use a tiered approach (informal outreach → platform takedown → counsel letter/litigation). Related: repeatable trademark protection checklist.

Special Considerations for International Trademarks

This is a high-level overview (not country-specific advice). International timelines can look “similar” to the U.S., but the details vary enough that a global docket matters.

How International Registrations Differ

Many jurisdictions operate on 10-year renewal cycles, but grace periods, required documents, and use/non-use rules can differ significantly. In some countries, prolonged non-use (often measured in the 3–5 year range) can expose a registration to cancellation.

The Madrid Protocol can simplify multi-country filing and management (one application and centralized record changes through WIPO), but it doesn’t eliminate local requirements. A key risk is “central attack”: for the first five years, the international registration depends on the home (“basic”) mark.

Coordinating Global Trademark Maintenance

Maintain a global docket by country/office, renewal dates, and local counsel contacts.
Align spend with strategy: drop dormant markets; add coverage before major launches.

Example: a SaaS company with EU and UK users times renewals and new filings with expansion plans, avoiding fees in markets it no longer targets.

FAQs: Common Questions About Trademark Lifespan and Renewal

Can a trademark last forever?

Yes — trademark rights can last indefinitely if the mark remains distinctive and you keep using it in commerce for the covered goods/services. A registration lasts only if you also file the required maintenance and renewal paperwork on time.

When do I have to renew my U.S. trademark registration?

For a federal registration, the key checkpoints are typically between years 5–6 (Section 8, plus optional Section 15) and between years 9–10 and every 10 years after (combined Section 8/9). Start tracking deadlines as soon as the registration issues so you’re not scrambling for specimens later.

Is there a grace period if I miss a USPTO renewal or maintenance deadline?

Often, yes: many post-registration filings allow a 6-month grace period with additional fees. Don’t rely on it — your registration is at risk, and delays can create openings for competitors.

What happens if my trademark registration is cancelled for non-use or non-maintenance?

The USPTO removes the registration from the register, and you lose important benefits like nationwide presumptions and easier enforcement. If you’re still using the mark, you may still have common-law rights, but they’re narrower and harder to prove.

Can I revive an expired trademark registration, or do I need to file a new application?

In most cases, once a registration is cancelled/expired for missed maintenance, there isn’t a simple “revival.” You may need to file a new application and assess whether any third party has filed or adopted a confusingly similar mark in the meantime.

Do I need a lawyer to handle trademark renewals and maintenance?

You can file many renewals yourself, but counsel is helpful when there are questions about acceptable specimens, changes in use, overbroad goods/services, ownership changes, or potential conflicts. If you’re near a deadline (or already missed one), getting advice quickly can prevent permanent loss of registration rights.

Actionable Next Steps

Trademarks can last indefinitely, but only if you keep using the mark and hit every USPTO maintenance/renewal deadline. Turn that into a repeatable process:

Export your portfolio (U.S. + key foreign marks) and map every deadline into one calendar/docket.
Confirm current use for each listed good/service; flag anything that’s not actually in use.
Assign an owner (and backup) for trademark maintenance; confirm whether outside counsel is monitoring.
For marks with a deadline in the next 12–18 months, schedule a review to collect specimens and decide whether to narrow goods/services.
If you missed a deadline or see a cancellation, talk to counsel quickly to assess grace-period options, refiling, or rebranding risk.

If you want help setting up docketing, a renewal strategy, or a trademark portfolio review, contact Promise Legal. Related reading: Trademark protection checklist and Trademark registration basics.