Unlike patents and copyrights, which have fixed expiration dates built into the law, trademarks can theoretically last forever. But that potential for indefinite protection comes with a critical condition: trademarks only remain valid as long as the owner actively maintains them through required filings and continued use. Many business owners assume registration is a one-time event, only to discover years later that their mark has lapsed because a maintenance deadline was missed. If you’re still planning your initial registration, it’s also worth understanding how much a trademark costs so you can budget for both filing and future maintenance.
This guide covers the trademark validity period, exactly what maintenance is required to keep a trademark alive, and what happens if those requirements are not met.
A US patent expires automatically after a fixed term (typically 20 years from filing), regardless of what the owner does. A trademark works differently. There is no fixed point at which a trademark automatically expires simply due to the passage of time. Instead, trademark registrations require periodic renewal filings and proof of continued use, and failure to complete these required filings results in cancellation of the registration. In this sense, trademarks do not expire on their own, but they can lapse if the owner does not actively maintain them.
A US federal trademark registration, once granted, is valid for an initial term, but that validity is conditional on completing required maintenance filings at specific intervals. The registration does not simply continue indefinitely without action; the owner must affirmatively file documents proving continued use and pay applicable fees at each required interval.
| Filing | When Required | Fee (per class) | What Happens If Missed |
| Section 8 Declaration of Use | Between years 5 and 6 after registration | $225 | Registration is cancelled if not filed (with a grace period) |
| Section 15 Declaration of Incontestability (optional) | After 5 years of continuous use | $225 | No cancellation; the mark simply does not gain incontestable status |
| Combined Section 8 and 9 Renewal | Between years 9 and 10, then every 10 years thereafter | $325 (Section 8) + $325 (Section 9) | Registration is cancelled if not filed (with a grace period) |
| Late filing grace period | 6 months after each missed deadline | An additional $100 surcharge per class | The final deadline before registration is permanently cancelled |
If a required maintenance filing deadline is missed, the USPTO provides a six-month grace period during which the filing can still be submitted, along with an additional late fee surcharge. This grace period is the safety net for genuine oversights, but it is not unlimited; once the grace period expires without the required filing, the registration is cancelled.
If a registration is cancelled due to missed maintenance, the trademark owner loses the federal registration and all the protections it provided: nationwide exclusive rights, the legal presumption of validity, access to federal court for enforcement, and the ability to use the registered trademark symbol. The owner may still have common law trademark rights based on continued use in commerce, but these are geographically limited and require proof through evidence rather than carrying the presumption of validity that federal registration provides. Businesses should also continue using trademark symbols correctly, as improper use can create unnecessary legal and branding issues.
Unlike an abandoned application during the initial application process, which can sometimes be revived through a Petition to Revive within a defined window, a cancelled registration due to missed maintenance generally cannot be reinstated. The owner’s only path forward is filing an entirely new trademark application, which means starting the registration process over, including a new filing date and the loss of the original priority date. This is one of the most consequential reasons to track maintenance deadlines carefully.
Separate from missed maintenance deadlines, a trademark can lose its validity if the owner stops using it in commerce. Three consecutive years of non-use create a legal presumption of abandonment, which can be challenged and overcome by the owner providing evidence of intent to resume use, but which can also result in cancellation if the owner cannot rebut the presumption when challenged.
In rare but well-documented cases, a trademark can lose its protected status if the term becomes so widely used as the generic name for the product category that it no longer functions as a source identifier. Escalator, aspirin, and thermos are historical examples of trademarks that became generic terms and lost their trademark protection as a result. Brand owners actively police this risk by ensuring their trademark is always used as an adjective alongside the generic product name (a Kleenex brand tissue, not just Kleenex) to prevent this kind of genericide.
A trademark owner can also voluntarily cancel a registration, typically when a business closes, rebrands, or no longer needs the protection. Before making that decision, it’s worth considering whether your business name still benefits from trademark protection, especially if the brand may be used again in the future.
Trademark validity periods and renewal requirements vary by country. Many countries, including those covered by the Madrid System, use a 10-year renewal cycle similar to the US combined Section 8 and 9 renewal, but the specific use-proof requirements differ. Some countries require proof of use at renewal; others do not. Businesses with international trademark portfolios need to track maintenance requirements separately for each jurisdiction, since missing a renewal in one country does not affect registrations in others, but each missed renewal carries the same risk of losing protection in that specific market.
Trademarks do not expire automatically the way patents do, but they require active, ongoing maintenance to remain valid indefinitely. The trademark validity period is conditional on completing required filings on schedule and maintaining genuine use of the mark in commerce. Missing these requirements, even unintentionally, can result in losing a registration that took significant time and resources to establish, with limited options for recovery once cancellation occurs.
Trademark Clutch helps businesses manage their trademark portfolios, including maintenance deadline tracking and renewal filing. If you want to confirm your trademarks are properly maintained or need help with an upcoming renewal, reach out to us.
Not automatically like patents, but trademarks can lapse if the owner fails to complete required maintenance filings (Section 8 Declaration of Use and Section 8/9 Renewal) or stops using the mark in commerce. With proper maintenance, trademark registration can last indefinitely.
A US federal trademark registration requires a Section 8 Declaration of Use between years 5 and 6, followed by combined Section 8 and 9 renewals every 10 years thereafter. As long as these filings are completed on schedule, the trademark can remain valid indefinitely.
The USPTO provides a six-month grace period with an additional late fee. If the required filing is still not submitted within the grace period, the registration is cancelled. A cancelled registration generally cannot be reinstated and requires filing a new application with a new filing date.
Yes. Three consecutive years of non-use create a presumption of abandonment that can result in cancellation if challenged and not rebutted. A trademark can also become generic (genericide) if the term becomes the common name for the product category, losing its trademark status regardless of maintenance status.
Set calendar reminders well before each required filing date, keep your USPTO contact information current, maintain organized records of continued use, and consider using a trademark attorney or watch service to track deadlines on your behalf.
