Registering a trademark is a big moment. Whether that is your company name, a logo you worked on for months, or a tagline that captures your brand’s personality, that registration certificate feels like a major win.
But once the celebration settles, those practical questions can follow, like how long does a trademark last, and how do I renew it?
Yes, a federal trademark can last forever, but you need to maintain it. Here is what that means for you and your business.
Your Trademark Requires Maintenance
A trademark is not a patent that has a fixed expiration date. It does not have a built-in endpoint. As long as you continue using your mark in commerce and meet the U.S. Patent and Trademark Office (USPTO) filing requirements, your registration can remain active indefinitely.
That means your trademark can grow with your business if you take care of it. But the USPTO does expect periodic proof that your brand is still in use.
The First Big Deadline Is Year Five
Between the fifth and sixth year after your trademark is registered, you must file a Declaration of Use (Section 8). This filing tells the USPTO that you are still actively using this mark in connection with the goods or services listed.
Along with that, you will need to submit evidence of real-world use. Some examples include:
- Product packaging
- Website screenshots
- Marketing materials
- Labels or signage
This is your first check-in point. The government wants confirmation that the registration is an active, working brand. Unfortunately, if you miss this deadline, your registration can be canceled.
Check In at the Ten-Year Mark
The next major milestone happens between the ninth and tenth years after registration. At that point, you must file:
- Another Declaration of Use (Section 8)
- A Renewal Application (Section 9)
After that, renewal filings are required every ten years. As long as you continue using the trademark and submit the required documents on time, your registration can remain active.
Keep in mind that filing paperwork is not only part of keeping your trademark active. These rights are based on use in commerce. If you stop using your mark and have no intent to resume, it can be considered abandoned. Three consecutive years of nonuse can create a presumption of abandonment.
What Happens If You Miss a Deadline?
The USPTO does have a short grace period. In most cases, that is about six months, but late fees will apply. After that window closes, the registration is canceled.
And once that happens, you would need to start over with a new application. During this time, your trademark is not protected. That means someone else could attempt to register a similar mark.
Professional Guidance Is Needed
On paper, trademark maintenance deadlines can seem like an easy process. You just file between years five and six, renew at ten, and repeat every decade.
Unfortunately, things are never that simple. Your logo might have evolved, or your service offerings have expanded. Sometimes, you may have registered your trademark under one business entity and now operate under another.
These are the moments where you want to work with an experienced IP procurement and transactions lawyer. They help you:
- Evaluate whether your current use matches the original registration
- Identify gaps in protection as your business grows
- Update ownership records when your company structure changes
- File renewals correctly and on time
- Monitor for potential infringement that could weaken your brand
Even small technical errors in maintenance filings can cause delays or jeopardize the registration. Remember that the USPTO is strict about proper documentation, specimen requirements, and accuracy in goods and services descriptions.
Working with an experienced lawyer allows you to approach renewal not as a last-minute compliance task, but as part of a brand protection strategy. This is about long-term stability, not paperwork.
We Are Ready to Help Maintain Your Trademark
Now that you know how long a trademark will last, you can take the steps to renew and not lose it. A federal trademark can last indefinitely, but you need to maintain it.
When managed properly, your trademark can protect your brand for decades. At Phillips & Bathke, P.C, we can help protect what you’ve worked hard to build. Schedule a consultation today.
