How Long Does A Trademark Last?

Trademarks are a valuable asset in your business because they protect your business name and identity from being used or taken away by another company. It is one of the best ways to protect your product or services from misuse and solidifies your brand name in your area of service.

How long does a trademark last?

In the United States, you can technically own a trademark forever, you just have to keep it current with renewals every 10 years.

There are maintenance documents that need to be filed with the United States Patent and Trademark Office (USPTO) in the first 10 years to show that you are still using the trademark and intend to continue using it.

What are the maintenance documents that need to be filed?

1. Trademark “Statement of Use” Application – If the original application was filed as an “Intent to Use” application, the mark cannot be registered until proof of usage is shown. This is done by filing a “Statement of Use” form.
2. Section 8 Renewal – Declaration of Continued Use – A Declaration of Continued Use (also called a “Section 8” filing) is required by the U.S. Patent and Trademark Office (USPTO) to demonstrate that you are currently using your trademark in commerce (or have a valid excuse for not using it). If 5 years have passed since you registered your trademark, you need to submit a Declaration of Continued Use, proving your ongoing use of your mark (or excusing non-use). After that, you need to submit the declaration between the 9 and 10-year anniversaries and then every 10 years.
3. Section 9 Renewal – Renewing your trademark registration – Renewing your trademark registration (also called a “Section 9” filing) is required by the U.S. Patent and Trademark Office (USPTO) for trademark owners to maintain their trademark rights. If your trademark has been registered for 9 years, it’s time to file a renewal—you have one year following that 9-year anniversary to renew. Following your first renewal, renewals are required every 10 years. All renewals, should be filed as Combined Section 8 Declaration/Section 9 Renewal. If no renewal is filed, the registration will be canceled.

You will receive renewal notices to make sure that you are aware of the timeframe to renew. Let us know if we can help you with the process when the time comes!