Key Takeaways

  • Trademarks can last indefinitely but require timely renewals and continuous use in commerce.
  • Mandatory filings include a Declaration of Use (Section 8) and a Renewal Application (Section 9).
  • The first major filing occurs between years 5–6 after registration; full renewal is due every 10 years.
  • Failure to renew a trademark can lead to cancellation, loss of rights, and potential rebranding.
  • Trademark rights differ significantly from patents and copyrights in terms of duration and renewal process.
  • Avoiding “genericide” (when a trademark becomes generic) is essential to maintaining protection.

When Does My Trademark Expire?

Trademarks can last indefinitely with proper maintenance and continual use. They must be renewed every 10 years and there are a few conditions for keeping the registration active. The trademark owner must file different documents at various intervals to maintain ownership and continue legal protection against infringement.

Even though trademarks are valid for 10 years, there some additional requirements during the first decade. After the fifth anniversary of your registration date, you'll need to file a Declaration of Use showing the mark is actively being used in business. The owner must also file Section 8 and Section 9 Declarations between the ninth and tenth year after registration, for which a combined form is provided. If there are no issues, the trademark can be renewed for another 10 years, and every 10 year period thereafter.

What Happens If You Miss a Renewal Deadline?

If a trademark owner fails to file the necessary documents by the required deadlines, the United States Patent and Trademark Office (USPTO) will cancel the registration. This results in the loss of legal protections and exclusive rights associated with the mark.

Consequences of missing a renewal deadline may include:

  • Loss of federal protection, making enforcement against infringers more difficult.
  • Increased risk of trademark infringement by others, including loss of priority rights.
  • Costly re-registration or rebranding, as another party may claim rights to your lapsed trademark.

While the USPTO may send courtesy reminders, owners are ultimately responsible for tracking deadlines.

Registration Benefits

You can register a trademark at the state level, but the protection is not as robust as if you register on the federal level. Federal registration offers a public record of your trademark ownership and gives you legal rights to sue for infringement. International trademark registration must be done via the Madrid Register, connected with the WIPO.

Understanding the Role of Maintenance Documents

To keep a federal trademark registration alive, you must submit specific maintenance documents at designated intervals:

  1. Declaration of Use (Section 8) – Between the 5th and 6th year after registration.
  2. Combined Declaration of Use and Incontestability (Sections 8 & 15) – Optional but recommended, filed during the same 5–6 year window.
  3. Renewal Application (Section 9) – Filed every 10 years in combination with Section 8.
  4. Grace Period – A 6-month grace period exists after the deadline, but additional fees apply.

Failure to submit any required documentation may result in expiration and cancellation of the trademark.

Types of Infringement

Violating a brand's trademark rights is illegal. It can undermine the owner's values and compromise customers. The company that owns the mark will claim one of two types of infringement: confusability and dilution. Confusability tests whether it's likely consumers will get confused about which brand refers to which company. Dilution is more of a problem for larger brands because although you may not confuse a cola soft drink called Koka-Kola with the real thing if Koka-Kola was actually a cereal, this might weaken consumers' connection with the real thing to soda.

Reasons to Renew a Trademark on Time

Registering your trademark ensures you maintain exclusive rights to the mark. If you don't renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership. Not to mention there are many costs associated with re-registering.

Reasons Not to Renew a Trademark

If you no longer use the trademark and have no intent to reactivate it, then there's no need to renew the mark. If you stop using your trademark, the court can determine that you have abandoned the mark. If you have unintentionally failed to respond to the USPTO request to renew the trademark, a petition to revive a trademark registration might be allowed.

Can You Revive an Expired Trademark?

If your trademark registration is canceled due to failure to renew, you may be able to revive it—depending on the circumstances and timing. The USPTO allows:

  • Petition to Revive – In cases of unintentional failure to file, a petition may be submitted within two months of the USPTO’s notice of cancellation.
  • Re-filing – If the revival window has passed, you can re-apply, but your original priority may be lost.

Consulting a trademark attorney is advised to assess your options and protect your brand moving forward.

How is a Trademark different from a Copyright or a Patent?

Copyrights are automatic. That is as soon as the idea comes to fruition, that item is copyrighted. Trademarks and patents differ in that they require registration to be legally protected. Copyrights typically protect artists, while trademarks protect the identity of a brand. Patents typically protect the work of inventors.

How Do Trademarks Lose Their Legal Protection?

Even if properly renewed, a trademark can lose protection through:

  • Abandonment – Occurs when a trademark is not used in commerce for three consecutive years without intent to resume use.
  • Genericide – A trademark becomes generic when the public begins to use it as a common name for a product (e.g., “aspirin”).
  • Improper Licensing – Failing to control how licensees use the trademark can lead to loss of distinctiveness.
  • Improper Use – If the trademark is used inconsistently or no longer identifies the source of goods or services, it may be deemed invalid.

Monitoring and enforcing proper usage helps ensure your mark retains its legal standing.

How is trademark expiration different from the expiration of a U.S. Utility Patent, Copyright, or Trade Secret?

  • Patents normally expire 20 years after the date it's filed.
  • Copyright protection is based on a fixed term 70 years after the death of the author.
  • A trade secret can be protected forever, as long as the secret is valuable and can be protected.

Frequently Asked Questions

  1. Do trademarks expire automatically after 10 years?
    No, trademarks do not expire automatically, but you must file maintenance documents and continue using the mark in commerce to keep it active.
  2. What if I miss a trademark renewal deadline?
    You may still renew within a 6-month grace period (with additional fees). If that period lapses, your registration is canceled.
  3. Can I re-register a trademark that expired?
    Yes, but you may lose priority rights, and others may register the same or a similar mark in the meantime.
  4. What is the Section 8 filing?
    The Section 8 Declaration of Use confirms the mark is in active commercial use. It’s required between the 5th and 6th year after registration and every 10 years thereafter.
  5. How can I avoid losing my trademark to genericide?
    Use your trademark consistently with a generic descriptor, educate others on proper use, and monitor for misuse in marketing and media.

If you need help with renewing your trademark, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.