How Long Does a Trademark Last? Understanding the Duration and Renewal Process

A trademark can last indefinitely—if you know the steps to take. Registering a trademark is one of the most important things you can do to protect your business’s brand identity, but maintaining that protection requires understanding the rules surrounding trademark duration and renewal. In this guide, we’ll explain how long a trademark lasts, the steps you need to take to keep it active, and how Trademark Rise can help you navigate the renewal process with ease.

How Long Does a Trademark Last?

The short answer: indefinitely—but only if it’s properly maintained.

Unlike patents or copyrights, which have a set expiration date, trademarks can last forever as long as the mark continues to be used in commerce and the necessary renewal filings are submitted on time. However, failing to meet these requirements could lead to the loss of your trademark rights, which is why understanding the timeline is crucial.

The Initial Registration Period

When you register a trademark with the United States Patent and Trademark Office (USPTO), the registration is valid for an initial period of 10 years from the date of registration. However, there are steps you must take at certain intervals to ensure that your trademark remains active during this time.

Key Trademark Maintenance Filings

To keep your trademark registration active, you need to submit two important filings within specific timeframes:

Declaration of Use (Between Years 5-6)

Between the 5th and 6th year after registration, you must file a Declaration of Use (also known as a Section 8 affidavit). This document confirms that your trademark is still in use in commerce. If you fail to file this declaration, the USPTO can cancel your trademark registration.

• What is a Declaration of Use?
  A Declaration of Use is a sworn statement that your trademark is still being actively used in connection with the goods or services listed in your registration. You’ll also need to provide a specimen, which is evidence of how your trademark is being used, such as a product label, packaging, or website screenshot featuring the mark.

Combined Declaration of Use and Application for Renewal (Year 10 and Every 10 Years After)

At the 10-year mark (and every 10 years thereafter), you must file a Combined Declaration of Use and Application for Renewal (also known as a Section 8 and Section 9 filing). This filing confirms that your trademark is still in use and requests a renewal for another 10 years.

• Why is renewal important?
  If you fail to file your renewal documents, your trademark registration will be canceled, and you will lose the exclusive rights to your mark. Even though trademarks can last indefinitely, timely renewals are necessary to maintain legal protection.

How to Keep Your Trademark Active Indefinitely

The key to keeping a trademark active indefinitely is continued use and timely renewal filings. As long as your trademark remains in active use and you file the necessary documents at the appropriate intervals, your trademark will remain protected.

However, even after your trademark is registered, you should monitor the marketplace for potential infringements. If another company uses a similar mark without permission, it could damage your brand’s reputation or dilute your rights. Being proactive about enforcing your trademark rights is critical to maintaining the strength and exclusivity of your brand.

What Happens if You Fail to Maintain Your Trademark?

Failing to submit the required filings or renewals can result in the cancellation of your trademark. If this happens, you will no longer have the legal rights associated with your trademark, and other businesses may be able to use similar marks without fear of infringement lawsuits.

Additionally, re-registering your trademark after a cancellation can be a lengthy and costly process. To avoid the risk of losing your trademark protection, it’s essential to stay on top of renewal deadlines.

What if Your Trademark is No Longer in Use?

If your trademark is no longer in use, you may choose to voluntarily surrender it or let it expire by not filing the necessary renewal documents. However, if you plan to stop using a mark temporarily, you can file for an excusable non-use to keep the registration active for a period without actively using the mark in commerce. This option is only available under certain circumstances, and you must provide a valid reason for non-use, such as a rebranding effort or temporary discontinuation of a product.

International Trademark Duration

If you have registered your trademark internationally through the Madrid Protocol or in individual countries, the duration and renewal requirements may vary by jurisdiction. International trademarks typically require renewal every 10 years, but the specific rules depend on the country where the trademark is registered.

Working with an experienced legal team can help you stay compliant with both U.S. and international trademark laws, ensuring your trademark rights remain protected across borders.

Why Choose Trademark Rise for Trademark Maintenance and Renewal?

Navigating the trademark renewal process can be complex, especially as your business grows and expands internationally. At Trademark Rise, we specialize in trademark protection, maintenance, and enforcement. Our team of experts will ensure that your trademark renewals are filed on time and that your brand remains legally protected.

We offer personalized solutions tailored to your business needs, from helping with the initial registration to monitoring for potential infringements and filing renewals. With Trademark Rise, you can focus on growing your business while we handle the complexities of trademark management.

Conclusion

A trademark can last indefinitely if you follow the necessary steps to maintain and renew it. From filing the Declaration of Use to submitting renewal applications every 10 years, protecting your trademark requires vigilance and timely action. Trademark Rise is here to help you every step of the way, ensuring your brand’s identity stays secure for the long term. Ready to protect your trademark for the long haul? Contact Trademark Rise today to learn more about our trademark maintenance and renewal services!