How Long Does a Trademark Last? Durations, Renewals, and Deadlines

How Long Does a Trademark Last? Durations, Renewals, and Deadlines

Unlike patents (20 years) and copyrights (life of the author plus 70 years), a trademark can theoretically last forever. But only if the owner takes specific actions at specific times. Miss a single maintenance deadline, and your registration can be cancelled with no way to revive it.

The Short Answer

A US federal trademark registration lasts 10 years from the date of registration and can be renewed indefinitely for successive 10-year periods — as long as the mark remains in use and all maintenance filings are made on time.

Some of the world's oldest trademarks are still active today:

• Bass Ale (red triangle) — registered since 1876
• Levi Strauss — registered since 1873
• Coca-Cola — registered since 1893

These trademarks have survived for over a century because their owners never missed a maintenance filing.

The Maintenance Timeline

Every trademark registration requires multiple maintenance filings over its lifetime:

For detailed information on Section 8 and Section 15 filings, see our guide on Section 8 and Section 15 Declarations.

Pro Tip: Over a 30-year period, you'll file approximately 4 maintenance filings. Budget $325–650 per class per filing. For a single-class registration, that's roughly $1,200–2,400 over 30 years — a modest investment to protect a brand worth far more.

Cost of Keeping a Trademark Alive

*Fees shown are USPTO fees only (TEAS Standard). Professional service fees are additional. Grace period surcharges ($100/class per section) apply if filing in the grace period.*

What Causes a Trademark to Die

1. Missed Maintenance Deadlines

The most common cause of trademark death. If you fail to file a Section 8 Declaration within the filing window (including the 6-month grace period), your registration is cancelled. There is no petition to revive — the cancellation is permanent.

For renewal deadlines and costs, see our detailed guide on trademark renewal deadlines and costs.

2. Abandonment Through Non-Use

Under US law, a trademark is presumed abandoned if it has not been used in commerce for 3 consecutive years with no intent to resume use. Abandonment can be claimed regardless of whether maintenance filings have been made.

*Citation: 15 U.S.C. § 1127 — Abandonment*

3. Genericization

When a trademark becomes the common name for a product category, it loses protection. Famous examples:

• Aspirin — Originally a Bayer trademark, now generic in the US
• Escalator — Originally an Otis trademark
• Thermos — Originally a vacuum flask trademark
• Zipper — Originally a B.F. Goodrich trademark

To prevent genericization, always use your mark as an adjective (not a noun or verb) and police unauthorized use.

4. Naked Licensing

If a trademark owner licenses the mark to others without maintaining quality control over the licensee's goods/services, the mark may be deemed abandoned through "naked licensing." The rationale: a trademark guarantees consistent quality, and licensing without quality control breaks that guarantee.

Common Law Marks vs. Registered Marks

For a detailed comparison, see our guide on common law vs. federal trademark rights.

Comparison with Other Intellectual Property

Trademarks are the only form of IP that can last forever — making them potentially the most valuable long-term IP asset a business can own.

Key Takeaways

1. Trademarks can last forever — but only with active maintenance
2. The first critical deadline is years 5–6 — file Section 8 (and ideally Section 15)
3. Renewals are every 10 years — combined Section 8 + Section 9
4. Missing a Section 8 deadline is fatal — no revival, no second chances
5. Budget for maintenance — approximately $650/class every 10 years in USPTO fees
6. Use it or lose it — 3 years of non-use creates a presumption of abandonment

*Need help with trademark renewal or maintenance? Our team tracks every deadline and handles all filings. Start Your Renewal →*