Trademark Lifespan Explained: How to Keep Your Brand Protected Forever

A U.S. trademark can last indefinitely, but only if you keep using the mark in commerce and file the required USPTO maintenance/renewal documents on time. Federal registrations run in 10-year periods, with a key maintenance filing due around years 5–6 after registration.

With global brand activity still high, WIPO reported 15.23 million trademark application class filings  in 2023, protecting and maintaining your brand assets is more important than ever.

Starting or growing a business is exciting, but protecting your brand is just as important as building it. At Portalatin Business Law Firm, we understand the challenges entrepreneurs face when understanding trademark laws and protecting their companies. 

Key Takeaways

• Federal trademark registrations are renewable every 10 years as long as the mark remains in use.
  
• You must file a Section 8 declaration between years 5–6 (plus a limited grace period).
  
• Every 10 years, you file a combined Section 8 + Section 9 renewal (with a limited grace period).
  
• If you miss the required deadlines (including the grace period), the registration will expire and cannot be reinstated, meaning you may need a new application. 

What is a Trademark?

A trademark is a legal way to protect the brand identifiers customers use to recognize you, like a business name, logo, slogan, or sometimes even distinctive product/packaging elements. It helps prevent consumer confusion and gives you stronger legal tools to stop unauthorized use of your brand identifiers.

Trademarks are vital because they:

• Prevent others from using your brand without permission.
• Build trust and recognition with your audience.
• Give you legal power to protect your business identity.

Common Types of Trademarks

The most common things to trademark for your brand are:

• Word Trademarks: Names like “Google.”
• Logo Trademarks: Cover visual symbols like the Nike swoosh.
• Tagline Trademarks: Include phrases like “Just Do It.”

How Long Do Trademarks Last?

A federal trademark registration lasts 10 years, and it can be renewed indefinitely as long as:

1. The mark stays in use in commerce.
   
2. You file the required USPTO maintenance/renewal documents on time.

Can a Trademark Last Forever?

Yes, a trademark can last forever if you renew it on time and continue to use it. For example, brands like Coca-Cola and IBM have maintained their trademarks for over a century through consistent renewals.

What Happens If You Don’t Renew?

If you miss the renewal deadline, your trademark will expire. This means:

• You lose exclusive rights to your brand.
• Someone else could claim your trademark.
• You’ll have to reapply or try to restore it, which can be costly and time-consuming.

Trademark Maintenance Timeline (USPTO)

Here’s the timeline most business owners need to know (for registrations not filed under Madrid/Section 66(a)):

Time from registration date	Filing	What it does	Late (grace) option
Between years 5–6	Section 8 Declaration of Use	Proves the mark is still in use (or excusable nonuse)	Up to 6 months after year 6 with an extra fee
After 5 years (optional)	Section 15 Declaration of Incontestability	Can strengthen the registration if criteria are met	N/A (optional filing)
Every 10 years (file in year 9–10)	Combined Section 8 + Section 9 Renewal	Keeps the registration active for the next 10-year term	Up to 6 months after the 10-year period ends with extra fees

5 Steps to Renew a Trademark

Renewing your trademark requires timely filing and accurate documentation. Based on data from the United States Patent and Trademark Office (USPTO), their target processing time for post-registration renewal applications is 90 days. Missing your renewal window can result in penalties or even the expiration of your trademark.

Here are the steps required to renew your trademark:

1. Check the Renewal Deadline: Trademark registrations need renewal between the 9th year and the 10th year.. In the U.S., you also need to file a maintenance document between years 5 and 6.
2. Gather Required Documents: You’ll need proof of use, like promotional materials showing your trademark in action.
3. File a Renewal Application: Submit your renewal form to the USPTO.using the USPTO’s Trademark Electronic Application System (TEAS).
4. Pay the Renewal Fee: Fees vary and are increased from time to time.
5. Wait for Approval: Once submitted, the trademark office will review your application and confirm renewal.

Renewal Deadlines and Grace Periods

Here’s what you need to know about renewal deadlines and grace periods: Maintenance filing is required between the 5th and 6th year following registration, while renewal filing must be completed between the 9th and 10th year after registration.

Cost of Renewal

These fees change from time to time:

• Renewal Fee: $300-$400 per class
• Late Renewal Fee: $100-$200 extra per class

Tips to Avoid Missing Deadlines

• Set Reminders: Use calendar alerts or task apps to track deadlines.
• Hire a Professional: Trademark attorneys can handle renewals and confirm compliance.
• Keep Records: Maintain proof of your trademark’s use for a smoother renewal process.

What Happens If a Trademark is Not Renewed?

If you don’t file the required maintenance/renewal documents by the deadline and the grace period, the USPTO can cancel the registration. USPTO guidance emphasizes that once that happens, the registration cannot be reinstated, and the practical path is often filing a new application (with the risk that someone else files first).

Here are the consequences of an expired trademark:

• Loss of Protection: Your trademark will no longer be legally protected, allowing others to use or register it.
• Reputation Risks: Unauthorized use of your trademark could harm your brand’s identity and trustworthiness.
• Reapplication Costs: You might need to go through the full application process again, which can be time-consuming and expensive.

Can You Restore a Lapsed Trademark?

Yes, in some cases, you can restore an expired trademark, but it depends on the timing. For the USPTO, you may file a petition for reinstatement within 6 months, provided you can demonstrate excusable neglect or unavoidable delay.

3 Steps to Recover an Expired Trademark

1. Act Quickly: File for reinstatement or renewal as soon as you realize the trademark has lapsed.
2. Gather Evidence: Provide proof of excusable neglect, such as unforeseen circumstances or clerical errors.
3. Pay Late Fees: Submit the required reinstatement or late renewal fees to the trademark office.

How to Prevent Trademark Expiry in the Future

• Automate Reminders: Use software or calendar alerts to track renewal deadlines.
• Hire Legal Help: A trademark attorney can secure compliance with deadlines and manage renewals on your behalf.

Secure Your Brand’s Future with Legal Support

Protecting your brand isn’t a one-time task, it’s an ongoing system. If you want help reviewing deadlines, preparing specimens, or filing USPTO maintenance/renewal documents, Portalatin Business Law Firm can help you keep your trademark registration active and enforceable.