How Long Does a Trademark Last?

You can maintain your trademark and protect your brand by actively using your trademark and filing the required documents on time.

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how long does a trademark last

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Updated on: February 20, 2025
Read time: 7 min

Federally registered trademarks typically don’t have expiration dates, but trademark registration lasts for 10 years. Let's take a detailed look at what you need to know about how long trademarks last, how to maintain your trademark, and what can happen if your trademark expires.


How long do trademarks last?

The length of a federal trademark registration term is 10 years, but trademarks can potentially last indefinitely.

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks can persist so long as the owner fulfills the following requirements:

  • Continue to use the trademark 
  • Meet the deadlines for submitting necessary paperwork
  • Pay all required fees

Maintaining your trademark

The first step in maintaining your trademark is understanding what a trademark is. If you own a trademark, it doesn’t mean that you own a logo, a word, or a brand. You own the right to exclude others from using that trademark on goods or services. The trademark is how you tell your customers that your products come from you. The United States Patent and Trademark Office (USPTO) has a direct interest in protecting your ability to enforce trademark rights.

Trademark protects the use of a mark to identify the source of goods and services. If the trademark is not being used, then it should not be protected. Trademark protection is not meant to warehouse interesting brands for future possible use. 

When you first apply for a registered trademark, you must file a trademark statement of use with the application. The statement is proof that the trademark is actually in use in commerce. The requirement to show the actual use of the mark is important, as provided in the statement of use.

Once the USPTO grants a registered trademark, you will need to keep using the trademark for the purposes of providing the goods or services outlined in your application. If you don’t demonstrate continuous use of your trademark, the trademark can be canceled or can expire, and your brand may no longer be protected. 

Mark the fifth and every 10-year anniversary of your trademark registration on your calendar to avoid losing your trademark rights. You must provide proof that you are still using your trademark. The proof takes the form of a sworn statement from the owner that the mark is still in use. Make sure you can provide a Section 8 declaration (more on that later) and that you have proof of usage of your trademark. Failing to do so can cause you to lose out on the trademark you sought to protect.

What documents do you need to file to maintain a trademark?

The following maintenance documents need to be filed on time to keep your federal trademark registration alive:

Section 8 Declaration of Use and/or Excusable Nonuse

Trademark Section 8 requires the owner to provide evidence that the trademark continues to be in use. To show the mark is still in use, the owner must file a Section 8 declaration. 

A Section 8 declaration can be used to state that your trademark is used in commerce. It should include a list of the products and services the trademark is being used for and an example of how the trademark is being used (such as an image of a product with a tag on it or an advertisement).

A Section 8 declaration can also be used to explain that the trademark is not in use, list the reasons that justify the nonuse, and describe the efforts to resume use. A Section 8 declaration must be filed between the fifth and sixth years after the date your trademark was registered.

For a fee, trademark owners can request a six-month grace period if the declaration is not filed prior to the sixth anniversary.

Section 15 Declaration for Incontestability

You may also have the option to file a Section 15 Declaration for Incontestability after five years of continuous use in commerce (as long as your trademark is registered on the Principal Register and you meet legal requirements). 

A Section 15 Declaration for Incontestability document states that a trademark owner has been using the trademark continuously for five years and has incontestable rights. It protects your trademark’s validity from being challenged by a third party. 

Combined Section 8 Declaration of Use and/or Excusable Nonuse and Section 9 Application for Renewal

A Section 9 Application for Renewal is a written request to preserve your account status. You must submit the Section 9 renewal application along with a Section 8 declaration between the ninth and 10th years after the trademark registration date.

After the 10th year, Section 8 declarations and Section 9 trademark renewals must be filed every 10 years.

3 steps to protect your trademark

In addition to renewing your trademark registrations on time and paying applicable fees, there are a few steps you can take to help ensure your trademark is fully protected. 

1. Proactively defend your trademark rights against genericization

Genericide is when your trademark becomes so widespread that people start using it as a generic term for a category of products or services. Genericide can result in loss of trademark protection.

For instance, in 2011, Apple attempted to bring a trademark lawsuit against Amazon for using the term “Appstore.” Amazon countered that “app store” was a generic term, and Apple ended up abandoning the lawsuit.

2. Stand up against challenges

You might have to defend your trademark in court if a third party challenges the validity of your trademark or believes that your trademark violates their rights. If the party who challenges your trademark is successful, you may lose trademark rights. 

3. Check for use of your trademark beyond the federal database

In addition to conducting a federal trademark search, it’s a good idea to do an internet search to see if any other businesses in your industry are using your desired trademark. A business may have common law trademark rights if they are actively using a trademark but have not yet registered it federally. 

The USPTO recommends searching the following:

  • The USPTO trademark database
  • The Trademark Official Gazette (TMOG)
  • State trademark and business registries
  • Domain name registries
  • The Madrid Monitor (an international trademark registration database)
  • The Global Brand Database (a trademark search engine)
  • The European Union Intellectual Property Office’s (EUIPO) landing page
  • TMview (an EU and international trademark database)

Searching trademark databases can be a hassle, but an experienced trademark attorney can help you conduct a trademark search and complete the federal registration process.

What happens if a trademark expires?

If you don’t meet trademark renewal deadlines, your trademark may be canceled or expire.

If your trademark expires, the following can occur:

  • Loss of protection. Once your trademark expires, you lose the exclusive rights to use the trademark for your brand. You may not be able to enforce your trademark rights if another business uses a similar trademark. 
  • Potential infringement. Without legal trademark protection, your business may be at greater risk of infringement if someone registers a similar trademark (or exact replica).
  • Loss of priority rights. You may lose priority rights to your trademark if it expires. That means that someone else may be able to apply for and get an identical or comparable trademark. You may need to rebrand or relaunch your business under a new trademark. 

If your trademark expires, you may be able to apply for trademark registration again. An attorney who specializes in trademark law can offer advice on how to fulfill trademark maintenance requirements and help ensure your trademark continues to protect your brand. 

A business owner sits at his desk and designs a trademark for his new business.

FAQs

What happens if a filing deadline is missed?

If you don’t file the required documents on time, your trademark can expire or be canceled.

Are there any reminders from the USPTO about deadlines?

The USPTO sends courtesy email reminders about upcoming maintenance deadlines to trademark registration owners. However, even if a trademark owner does not receive an email reminder, they are still responsible for filing the required paperwork if they don’t want to let their trademark expire.

How can I ensure my trademark doesn’t become generic?

There are a few steps you can take to protect your brand from genericide, including the following:

  • Create a generic term to use alongside the trademarked brand term, or, if a generic term already exists, use that term in conjunction with the trademarked term. For example, “Dumpster” is a brand name that could be used with the generic term “trash receptacles” in marketing materials and PR campaigns to try to prevent genericide.
  • Monitor online publications to ensure the mark is being used appropriately.
  • Send third parties that incorrectly use your mark a written explanation of how to correctly use the term.

How much does a trademark cost?

Trademark application and maintenance fees depend on factors such as the number of classes of goods or services you include in your application.

The USPTO charges a base application fee of $350 per class of goods or services. If all your goods or services fall under the same class, you will only need to pay $350 for that single class. As of Jan. 18, 2025, Section 8 declarations cost $325 per class, while Section 9 renewals cost $325 per class. The USPTO lists trademark fees on its website.

Joe Runge, Esq. contributed to this article

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

79 days ago
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Jose is the best.

Jose was very friendly and knowledgeable. He was able to answer my questions and provide me information of next steps to secure my trademark.

Cheryl Cooper
82 days ago
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The knowledge the agent possessed was…

The knowledge the agent possessed was super beneficial to rectify the situation I was having with my trademark. Very professional!

Craig Schsrfman
98 days ago
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Trademark work is great and effecient

Edit from my previous feedback and why i decided to give them 5stars they deserved: LegalZoom's support team was excellent—they addressed my concerns promptly and delivered a great outcome. I truly appreciate their help and want to give a shout-out for an outstanding customer service experience.

Trademark
97 days ago
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Thanks for being so helpful in the…

Thanks for being so helpful in the assist of getting my Trademark filed. -Patrick

Patrick Thompson
104 days ago
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Kevin was able to help me understand…

Kevin was able to help me understand the process needed for filing a trademark. He was clear in his answers and stayed on the phone to help walk through the onboarding.

Asiyah Lites-Rasheed
122 days ago
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Excellent Serviceed them for a trademark application

Used them for a trademark application. Excellent service. Knowledgeable staff. I would absolutely use them again. Probably save thousands by going through them.

Eric Hertz
149 days ago
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Estee was super helpful!

Estee helped me navigate the tricky trademark process. Highly recommend her!

Greg
149 days ago
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Very good and focused answers

I got a very good and focused answer to my trademark questions. Definitely makes me see LZ as the place to go with my legal questions. A+

Chip Humitz
153 days ago
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Help with trademark

Got exactly what I needed to register my trademark

Luci Bromberg
159 days ago
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I had a consultation with an attorney…

I had a consultation with an attorney through LegalZoom concerning the trademark process. and she was very patient and professional. She answered my questions and helped with the ones I had difficulty asking. I appreciated that

Isiah Jones ,jr.
178 days ago
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Strong support for trademark

The trademard support by Nick Belcastro has been excellent.

John Kirk Boyd
185 days ago
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Excellent service

Excellent service! Extremely knowledgeable and helpful in reviewing all the next steps in the process for filing the trademark with LegalZoom.

Brian Mayer
220 days ago
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Excellent Staff/Services

"LegalZoom made trademark filing for my company a breeze. Their system was incredibly user-friendly, and I was impressed by the professionalism of the staff. My attorney was not only knowledgeable but also took the time to answer all my questions and clearly explain the entire process. I felt confident every step of the way. I will definitely use their services again!"

Hedda
216 days ago
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Register Trademark using LegalZoom

The attorney assign to us did an amazing job by answer all our question in a friendly, timely and professional way. The attorney helps by giving us information to mange our account to register our Trademark.

wiltrey sanders
225 days ago
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Excellent experience with Legal Zoom

I have been looking to get my business trademark for a while now and I finally decided to try out Legal Zoom. I had an excellent experience with customer service ready to assist me through the process. The price is much more affordable than going through law offices. I highly recommend to anyone looking to get a trademark.

TheAlphabetshop
227 days ago
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Legally create your trademark with LegalZoom in 2025 and The Years to Come

The lawyer that assigned to me was not only professional and friendly, but patience beyond measure. All questions answered and additional information given to me as well for future services. This call gave me the reassurance I wanted and needed to continue using LegalZoom for future endeavors, and referring my community/platform to do the same.

Kali Harris
244 days ago
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Trademark Process Made Easy

My LegalZoom Trademark attorney, Asha was extremely professional, friendly and knowledgeable. She answered all my Trademark questions and made this process so easy. I felt like I was in good hands.

Virtually Debbie
251 days ago
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Trademark

Right now I use everything Legal Zoom has to offer and I'm so very happy with everything, especially the Trademark process. They were absolutely the best! Highly recommend!!

NicoleK
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