Initial Registration Period
In the United States, trademarks registered with the USPTO remain valid for an initial period of 10 years from the registration date. It's important to note that this is different from the application filing date—the clock starts ticking only after your trademark is officially registered, which typically takes 12-18 months from the initial application submission.
During this initial 10-year period, your trademark has full legal protection across the United States for the specific goods and services listed in your registration. This protection includes the exclusive right to use the mark in connection with these goods and services, and the ability to take legal action against infringers.
Maintenance Requirements
Unlike patents, which expire after a set period regardless of use, trademarks require active maintenance. To keep your trademark registration alive, you must:
- File a Declaration of Use (Section 8 Affidavit) between the 5th and 6th year after registration
- File a combined Declaration of Use and Application for Renewal (Sections 8 & 9) between the 9th and 10th year after registration
- Continue filing the combined declaration and renewal every 10 years thereafter
These maintenance filings require proof that you're actively using the trademark in commerce for the goods and services listed in your registration. The USPTO provides a 6-month grace period for each deadline, but you'll incur additional fees if you file during this period.
Renewal Process and Timeline
The renewal process follows this timeline:
- Years 5-6: File the Declaration of Use (Section 8 Affidavit)
- Years 9-10: File combined Declaration of Use and Renewal Application (Sections 8 & 9)
- Every 10 years thereafter: Continue filing the combined declaration and renewal
When filing these documents, you must include:
- Specimens showing current use of the mark in commerce
- A declaration that the mark is in use for all listed goods/services (or delete those no longer offered)
- Required filing fees for each class of goods/services
Potential for Perpetual Protection
Unlike patents and copyrights, which expire after a fixed period, trademarks can potentially last forever. As long as you continue to use the mark in commerce and file the required maintenance documents on time, your trademark registration can be renewed indefinitely.
This perpetual protection is one of the most valuable aspects of trademark rights. Well-known brands like Coca-Cola, McDonald's, and Ford have maintained their trademark registrations for decades, allowing these marks to become increasingly valuable business assets over time.
Trademark Abandonment
If you fail to file the required maintenance documents or stop using your trademark in commerce, the registration can be considered "abandoned." The USPTO considers a mark abandoned when its use has been discontinued with no intent to resume use. Non-use for three consecutive years creates a rebuttable presumption of abandonment.
Once a trademark is abandoned, you lose the legal benefits of federal registration, including:
- The presumption of nationwide validity
- The right to use the ® symbol
- The ability to bring trademark infringement suits in federal court
- Protection from others registering similar marks
International Considerations
Trademark duration and renewal requirements vary by country. While many jurisdictions follow similar 10-year renewal periods, the specific maintenance requirements differ. If you've registered your trademark in multiple countries, you'll need to track and comply with each country's renewal schedule and requirements.
International registrations through the Madrid Protocol generally follow a 10-year renewal cycle, but individual countries may still require separate use declarations or other maintenance filings to keep the protection valid in their territory.
Monitoring and Enforcement
Beyond filing renewals, maintaining trademark rights requires active monitoring and enforcement. You must be vigilant in watching for potential infringements and take appropriate action when they occur. Failure to police your trademark can weaken your rights and, in extreme cases, lead to "genericide"—where a mark becomes so commonly used as a generic term that it loses its protected status.
Trademark owners should consider:
- Setting up trademark monitoring services
- Promptly addressing unauthorized uses
- Maintaining consistent quality control if licensing the mark to others
- Keeping documentation of continuous use in commerce