Key Takeaways
- A trademark is the only major form of intellectual property with no expiration date. Unlike a patent or a copyright, it can last forever, for as long as you keep using the mark in commerce and file the required USPTO maintenance documents.
- It is “use it or lose it.” Your rights continue indefinitely while the mark is in use, but stop using it and you can lose it (under the Lanham Act, three consecutive years of non-use is treated as abandonment).
- A federal trademark registration runs in 10-year terms from the registration date and renews indefinitely, which is why century-old brands like Coca-Cola (first registered in 1893) still hold live registrations today.
- Your first maintenance deadline falls between years 5 and 6, when you file a Section 8 Declaration of Use and, optionally, a Section 15 Declaration of Incontestability.
- The Section 9 renewal is due between years 9 and 10, then every 10 years after that, filed together with a Section 8. Miss it and the USPTO cancels your registration, so do not rely on courtesy reminders to catch a deadline.
- A lapsed registration can sometimes be saved within a 6-month grace period for a surcharge. After that, you generally must file a new application from scratch.
How Long Does a Trademark Last in the US?
Unlike a patent or a copyright, a trademark has no expiration date. Federally, it is a 10-year term from the registration date that renews for unlimited 10-year periods. That means a trademark can, in principle, last forever. The one condition is straightforward. It lasts only for as long as you keep using the mark in commerce and file the required USPTO maintenance documents, which is why trademark law is often summed up as “use it or lose it.”
Brands like Coca-Cola, first registered in 1893 and still live more than 130 years later, show how far a well-maintained mark can run. How long a trademark lasts in practice depends on which kind of protection you hold. The three categories are below.
Federal trademark registration (USPTO): 10 years, renewable forever
A federal trademark registration lasts 10 years and renews indefinitely in 10-year terms. There is no cap, as long as you keep using the mark and file the maintenance documents. The COCA-COLA mark, registered with the USPTO in 1893 (Registration No. 22,406), has been renewed continuously for more than 130 years, which shows how far a well-maintained registration can run.
State trademark registrations: typically around five years
State trademark registrations typically last around five years and are renewable, though the exact term varies by state. A state registration only protects your mark within that state’s borders, unlike a federal registration, which reaches all 50 states and U.S. territories. For a business that operates in one state with no plans to expand, a state filing can be enough, but it will not stop a company elsewhere from using the same name. Federal registration is the route to nationwide protection.
Unregistered (common law) trademarks: no fixed duration
An unregistered, common-law trademark has no fixed duration. It lasts as long as you keep using the mark in commerce, so how long protection lasts here depends entirely on continued use. The catch is that common-law rights are limited to the geographic area where you actually operate, not the whole country.
The Complete Trademark Renewal Schedule: USPTO Deadlines You Cannot Miss
Once your trademark registers, the USPTO sets a fixed rhythm of maintenance deadlines. Miss one and the office can cancel your registration, so the schedule below lays out every filing, when it is due, and the current per-class fee.
| Filing | When to file | What it does | Late-filing window | Fee (per class) |
|---|---|---|---|---|
| Section 8 Declaration of Use | Between years 5 and 6 after registration | Confirms the mark is still in use in commerce. Required to keep the registration active. | 6-month grace period with surcharge | $325 (+$100 grace) |
| Section 15 Declaration of Incontestability | Between years 5 and 6 (optional) | Makes the registration much harder to challenge. Strengthens your legal position. | No grace period. File within the window. | $250 |
| Section 9 Renewal | Between years 9 and 10, then every 10 years | Renews the registration for another 10-year term. | 6-month grace period with surcharge | $325 (+$100 grace) |
| Combined Section 8 and Section 9 | At the 10-year mark, then every 10 years | Files both maintenance documents together for efficiency. | 6-month grace period with surcharge | $650 ($325 + $325) |
Fees are per class of goods or services and reflect electronic filing through the USPTO’s Trademark Center, current under the 2025 fee schedule (effective January 18, 2025). Filing during the 6-month grace period adds $100 per class.
Section 8 and Section 15: The Year 5-6 Filings Explained
The first maintenance deadline arrives between the fifth and sixth anniversary of your registration. Two filings matter at this stage, one mandatory and one optional, and both are explained below.
What is a Section 8 Declaration?
A Section 8 Declaration of Use is a sworn statement, filed with a specimen, confirming your trademark is still in use in commerce. A specimen is a real-world example showing the mark as customers see it, such as a product label or a webpage where you sell the goods or services. Section 8 is mandatory between years 5 and 6, the USPTO cancels registrations that skip it, and the current fee is $325 per class.
What is a Section 15 Declaration, and should you file it?
A Section 15 Declaration of Incontestability is an optional filing that makes your registration much harder to challenge. Once your mark has been in continuous use for five years, a Section 15 filing limits the grounds a competitor can use to attack it, which is a meaningful strengthening of your rights. It costs $250 per class and is usually worth filing for a mark you intend to keep.
Can you file Section 8 and Section 15 together?
Yes. Most owners file the Section 8 and the Section 15 together between years 5 and 6, since both come due in the same window. Filing them at once is efficient and locks in incontestable status early rather than leaving it for later.
Do Trademarks Expire? What Happens If You Miss a Renewal Deadline?
Trademarks do not expire on a set calendar date the way a patent does. A trademark can last forever, but the USPTO cancels it if you miss a required maintenance filing. Trademark expiration in the US is really about missed deadlines, not a built-in end date.
If you miss a Section 8 or Section 9 deadline, you have a 6-month grace period to file for an extra $100 per class. Miss the grace period and the registration is cancelled. At that point you generally have to file a new application from scratch, losing your original priority date and any incontestable status you had built. The USPTO may send a courtesy reminder if you keep a current email address on file, but the responsibility to track deadlines rests with you.
Cancellation is not a pause you can undo later. Once the registration is gone, the mark can become available for another business to register, and you would be left relying only on any common-law rights you built through use. Rebuilding federal protection means a fresh application, a new examination, and a new priority date, with no assurance the mark is still clear. That gap is exactly why the maintenance calendar matters as much as the original filing.
How to Renew a Trademark: The Step-by-Step Process
Renewing a trademark comes down to filing the right maintenance document, with a current specimen, before your deadline. The process runs through three steps.
Step 1: Confirm your renewal dates
Start by confirming your exact deadlines from your registration date. Your first Section 8 is due between years 5 and 6, and your combined Section 8 and Section 9 renewal is due between years 9 and 10, then every 10 years after that. Calendar both the on-time deadline and the end of the grace period.
Step 2: Prepare your specimen of use
Prepare a current specimen showing the mark as it appears to customers, such as product packaging, labeling, or a webpage where the goods or services are sold. The specimen must reflect real, current use in commerce, not a mock-up or an old sample, because the USPTO reviews it to confirm the mark is still active.
Step 3: File through the USPTO’s Trademark Center
File your declaration and fee electronically through the USPTO’s Trademark Center, the online system that replaced TEAS in January 2025. You will confirm the goods and services, upload your specimen, sign the declaration, and pay the per-class fee. This is the standard route to renew a trademark without paper filings.
What does trademark renewal cost?
Trademark renewal cost has two parts:
- The USPTO’s government filing fees.
- The professional fees to prepare and file each maintenance document correctly.
The USPTO charges its fees per class of goods or services and by the type of filing (a Section 8 Declaration of Use, the combined Section 8 and Section 9 renewal at the 10-year mark, an optional Section 15 Declaration, and a surcharge if you file during the grace period), so a multi-class registration costs more to maintain than a single-class one. The government fee is only one piece of the total, so any published fee figure is not a quote. Your actual cost depends on how many classes you hold and what the filing involves.
The number worth writing down is not a dollar amount but a set of dates. Put your Section 8 window (years 5 to 6) and your combined Section 8 and Section 9 renewal (years 9 to 10, then every 10 years) in your calendar early. A missed maintenance filing can cancel a registration you have spent years building, which costs far more than any renewal. For an accurate figure for your specific marks, our team at The Schenk Law Firm will give you a clear quote at your consultation.
Should You Use a Trademark Attorney for Renewal?
Yes. We recommend using a trademark attorney for every renewal, not only the complicated ones. A renewal is not a rubber stamp. The USPTO holds maintenance filings to specific requirements, from specimens that prove current use to firm deadlines, and one misstep can put a registration at risk.
When an attorney is essential
- The USPTO issues an office action questioning your specimen or your continued use of the mark.
- Ownership has changed through a sale, merger, or assignment that must be recorded before you renew.
- You missed a deadline and need to file during the grace period or rebuild a cancelled registration.
- You hold several registrations across multiple classes and want every deadline tracked so none lapse.
- A competitor is using a confusingly similar mark and your renewal ties into a broader enforcement question.
A trademark lawyer can also audit your whole portfolio so a single missed date never cancels a mark you spent years building. Remember that a trademark lasts for as long as you maintain it, which makes the renewal calendar as important as the original filing.
Unsure of your trademark’s renewal status or deadline? The Schenk Law Firm’s trademark attorneys can audit your registration and handle every USPTO filing, from the Section 8 to the 10-year renewal. Speak with a trademark attorney for a free consultation, or call (858) 424-4444.
If you are also deciding whether to register in the first place, the firm’s Business Advisory & Transactions team advises founders and established companies on trademarks, and can explain Trademark vs. Copyright vs. Patent so you protect the right asset.
Frequently Asked Questions
How long does a trademark last?
A federal trademark lasts 10 years from registration and renews indefinitely in 10-year terms, as long as you file the required USPTO maintenance documents on time.
How long is a trademark good for?
A federal registration is good for 10 years at a time. There is no limit on renewals, so a maintained mark can stay protected for decades.
Do trademarks expire?
Trademarks do not expire on a fixed date, but the USPTO cancels them if maintenance filings are missed. In that sense trademark expiration is a deadline problem, not an automatic clock.
How long does a registered trademark last?
A federally registered trademark lasts 10 years per term, renewable indefinitely with on-time Section 8 and Section 9 filings.
What is the trademark renewal deadline?
Your first Section 8 is due between years 5 and 6. The combined Section 8 and Section 9 renewal is due between years 9 and 10, then every 10 years after that.
How much does trademark renewal cost?
Trademark renewal cost varies by how many classes your registration covers and which maintenance filings are due, since the USPTO charges its fees per class and by filing type. Any single figure is only the government fee, not your total. For a quote specific to your marks, get in contact with us.
What happens if a trademark expires?
If you miss the 6-month grace period, the USPTO cancels the registration. You generally must file a new application, losing your original priority date and any incontestable status.
How long does a trademark last in the US vs. other countries?
In the US a federal trademark lasts 10 years and renews indefinitely. Many other countries also use 10-year renewable terms, though the maintenance rules and proof-of-use requirements vary.
Can I lose a trademark if I stop using it?
Yes. Trademark rights are based on use, so abandoning the mark can lead to cancellation even if you keep paying maintenance fees. Consistent use protects the registration.
References
- U.S. Patent and Trademark Office. USPTO fee schedule (2025 trademark fees, effective January 18, 2025). https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule
- U.S. Patent and Trademark Office. COCA-COLA, Registration No. 22,406 (registered January 31, 1893). Trademark Status and Document Retrieval (TSDR). https://tsdr.uspto.gov
- Trademark Act of 1946 (Lanham Act), 15 U.S.C. §§ 1058 (Section 8), 1059 (Section 9), 1065 (Section 15), and 1127 (abandonment).
Disclaimer: This article is attorney advertising and is for general information only. It is not legal advice, and reading it does not create an attorney-client relationship. Trademark deadlines and fees are fact-specific and can change; confirm your dates and current USPTO fees with a qualified attorney.
