When does a registered trademark expire and how do I renew it?

Direct Answer

A registered trademark never expires as long as the owner keeps using the mark and files the required USPTO maintenance documents on time. The first renewal window is between year 9 and year 10, and renewals repeat every 10 years thereafter under 15 U.S.C. §1059. Failure to renew cancels the registration permanently.

Joseph Kincart Sr.

Joseph Kincart Sr.

Founder, Trusted IP Guide; Creator of Trademarking Made Simple™

Best Move

File the combined Section 8 + 9 renewal between year 9 and year 10, then every 10 years after.

Why It Works

U.S. trademark rights are tied to continued use plus maintenance filings — abandoning either one terminates the federal registration.

Next Step

Confirm your registration issue date on USPTO.gov and calendar year 9 for the renewal window.

What you need to know

How long does a federal trademark registration actually last?

A federal trademark registration lasts indefinitely. Each registration has a 10-year term, but the term can be renewed every 10 years as long as the mark remains in bona fide commercial use. Under 15 U.S.C. §1059, there is no cap on the number of renewals. Some of the oldest active U.S. marks have been renewed continuously since the 1800s.[2]

Trademarks with exceptionally long active registration histories

  • Coca-Cola — first USPTO registration in 1893; continuously renewed for 130+ years
  • Samson (USPTO Reg. No. 11,210) — registered in 1884, still active
  • Levi Strauss & Co. — multiple marks registered in the late 1800s still active

These registrations illustrate the fundamental difference between trademarks and other forms of IP. Patents expire on a fixed schedule. Copyrights expire a fixed number of years after the author’s death. Trademarks have no such clock — the registration lasts as long as the mark is used and renewed.

When exactly is the renewal window for my registration?

The renewal window for a U.S. trademark opens one year before the 10th anniversary of registration and closes on the anniversary date itself. Under 15 U.S.C. §1059(a), the Section 9 renewal must be filed within this 12-month window or during the 6-month grace period that follows. Subsequent renewals repeat on the same schedule every 10 years.

Renewal windows over a registration's life

  1. Years 5–6 — first maintenance window; Section 8 required
  2. Years 9–10 — first full renewal window; combined Section 8 + 9 required
  3. Years 19–20, 29–30, 39–40 — combined Section 8 + 9 renewal repeats every 10 years indefinitely
  4. 6-month grace period — each window has a 6-month grace period with a $100-per-class surcharge

The simplest tracking method is to record the registration issue date and calendar every 10th anniversary for the combined Section 8 + 9 filing. Many registrants set alerts one year before each deadline to allow time for specimen preparation.

What do I need to file to renew my trademark?

A standard trademark renewal combines two filings: a Section 8 Declaration of Continued Use and a Section 9 Renewal Application, filed together online through the USPTO’s Trademark Electronic Application System (TEAS). The combined filing requires the USPTO fee, a current specimen showing the mark in use, and a sworn statement confirming the mark’s continued commercial use.[1]

What the renewal filing requires

  1. Log into USPTO TEAS — the online filing portal for all trademark submissions
  2. Select “Combined Section 8 & 9” — the TEAS form used at renewal windows
  3. Submit one specimen per class — product photo, packaging, or website screenshot showing the mark in use
  4. Declare continued use under oath — state that the mark is still in bona fide commercial use for the listed goods
  5. Delete unused goods — narrow the registration to goods or services still in active use
  6. Pay the filing fee — $525 per class ($100 per class surcharge during the grace period)

Most small-business registrants complete the combined filing themselves through TEAS in under an hour. Attorney review is recommended when goods are being narrowed, when specimens are questionable, or when the registration covers multiple classes with different use patterns.

What happens if my trademark lapses because I stopped using the mark?

A federal trademark registration can be cancelled for abandonment when the owner discontinues use with no intent to resume. Under 15 U.S.C. §1127, three consecutive years of non-use is prima facie evidence of abandonment. The registration remains on the USPTO record until cancelled, but the owner cannot enforce rights that have been abandoned — and competitors can petition to cancel.[3]

How abandonment is proven

Non-use period
Three or more consecutive years of non-use creates a presumption of abandonment under 15 U.S.C. §1127
Intent to resume
The owner can rebut the presumption by showing a genuine plan to resume use within a reasonable time
Abandonment by conduct
Even with some use, failing to police infringement or using the mark in substantially different form can be treated as abandonment
Petition to cancel
A competitor can petition the USPTO under 15 U.S.C. §1064 to cancel an allegedly abandoned registration[4]

For owners in a pause period — product refresh, business transition, or seasonal production — documentation of continued intent to use is critical. Letters, internal plans, and supplier contracts can support the argument that the mark is not abandoned despite a gap in commercial use.

Can I get my trademark back if my renewal is rejected or late?

A trademark registration that missed the renewal deadline cannot be revived. Once the 6-month grace period closes, the registration is permanently cancelled under 15 U.S.C. §1058. The original priority date is lost, and the only option is to file a new application from scratch, which resets the priority clock to the new filing date.

What survives after cancellation — and what doesn’t

  • Continued use of the mark — common-law rights still attach to actual commercial use in the geographic markets where the business operates
  • No federal court access — cancellation strips the right to sue in federal court under the Lanham Act until a new registration issues
  • No nationwide presumption — the cancelled registration’s nationwide protection does not transfer to the new application
  • New application gets new date — the mark can be re-filed, but the new filing date replaces the original priority date

Prevention costs nothing compared to recovery. A missed $525 renewal can easily cost thousands in lost priority and re-filing fees, plus exposure to any competitor who files for a similar mark during the gap.

The Trusted IP Guide Perspective

A trademark outlives most businesses — if the owner lets it

Patents die on a schedule. Copyrights die on a schedule. A federal trademark can live longer than the company that registered it, longer than the generation that built the brand, longer than any contract or lease your business signs. The only condition is continued use and timely renewal — both entirely within the owner’s control.

Most owners don’t consider long-term longevity because they’re focused on the first ten years: getting the mark registered, launching the product, building the audience. The renewal arrives like a stranger at the door. Half of the time, nobody answers.

Coca-Cola’s trademark is 130+ years old and still active. Levi Strauss’s oldest marks are not far behind. Those aren’t corporate outliers — they are the expected lifespan of a properly maintained trademark. When a brand fails to survive past year 10 as a protected asset, the failure is almost never legal. The failure is operational.

Multi-generational maintenance is Responsible Asset-Building at its longest horizon. An educated consumer plans for the asset’s whole life, not just the registration ceremony. The renewal is not a formality. The renewal is the mechanism by which a one-time filing becomes a permanent piece of the business’s balance sheet.

More questions about this topic

Can I renew my trademark early to get it over with?

No. The USPTO only accepts renewal filings within the designated window — one year before the 10th anniversary through the anniversary date itself. Filings submitted before the window are rejected and the fee is typically refunded. The same rule applies to Section 8 filings at the 5-6 year window. Early is not accepted; on time or in grace is.

If I sell my business, does the new owner take over renewal responsibility?

Yes, once the trademark assignment is properly recorded with the USPTO. The new owner becomes responsible for all future maintenance filings, including any upcoming Section 8 or renewal. The assignment must be recorded under 15 U.S.C. §1060 for the USPTO to recognize the new owner. Missed renewals by a new owner cancel the registration the same way.

What counts as 'continued use' for renewal purposes?

Bona fide use of the mark in the ordinary course of trade — actual sales, ongoing services, or distribution under the mark. Token use to preserve registration (a single manufactured sale, internal use, or minimal activity) can be challenged as insufficient. The specimen submitted with the renewal must show genuine commercial use, not staged evidence produced to meet the filing requirement.

Do I need to file renewal paperwork in every country where I registered my mark?

Yes. Each country has its own trademark registration and renewal schedule. U.S. trademarks renew every 10 years under USPTO rules; most EU countries, Canada, and Japan also use 10-year intervals. Marks filed through the Madrid Protocol have a single consolidated renewal every 10 years managed through WIPO, but individual country registrations are renewed separately.

What if I want to update my logo before the renewal window?

Updating a logo or design mark between renewals is allowed as a business decision, but the registration continues to reflect the original approved mark. If the update is a material alteration of the mark, the new version may not be protected by the existing registration and may require a new application. Consult counsel when planning any significant brand refresh.

Related pages

Joseph Kincart Sr.

Joseph Kincart Sr.

Joseph Kincart Sr. is the founder of Trusted IP Guide and a trademark attorney with 20+ years of U.S. practice. He built Trademarking Made Simple™ to give small business owners a structured, plain-language understanding of the trademark process — so they can work with an attorney as educated consumers, or proceed pro se with eyes open.

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