How long does a trademark last?

Unlike patents, trademarks do not have a fixed expiration date. Owners must continue using the mark and comply with applicable filing and renewal requirements.

Failure to maintain a registration can result in cancellation.

For a federal registration, continued protection depends on ongoing qualifying use and timely maintenance filings. In general, a Section 8 filing is due between years five and six after registration, and combined Sections 8 and 9 filings are due between years nine and ten and every 10 years thereafter.

When calculating a trademark deadline, use the date shown in the official USPTO record or notice rather than an estimate. Missing a USPTO deadline can lead to additional fees, loss of rights, or abandonment of the application.

In U.S. trademark law, the core question is whether consumers understand a word, name, logo, slogan, design, or other indicator as identifying the source of particular goods or services. Trademark protection is therefore connected to branding and consumer recognition, not ownership of a word or design in every possible context.

A federal trademark application is reviewed by the United States Patent and Trademark Office (USPTO), the federal agency that examines trademark applications and maintains the federal trademark register. Filing an application does not guarantee registration; the USPTO reviews whether the mark meets federal requirements and whether there are legal conflicts or other issues.

A Section 8 filing is a declaration to the USPTO confirming continued use of a registered mark in commerce, or qualifying excusable nonuse, for the goods and services that will remain in the registration.