Quick Points: How Long Will My U.S. Trademark Last? - Red Points

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Red Points Quick Points: How long will my U.S. trademark last? U.S. 1 min Quick Points: How long will my U.S. trademark last?

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Last updated on: September 2, 2024

In this to-the-point piece, Red Points explains how long a trademark lasts in the United States, and what to do when that time runs out.

How long does a U.S. trademark last?

A federal trademark in the USA lasts for 10 years from the date of registration, with 10-year renewal terms. 

The registrant must file an affidavit to state that the mark is still in use between the fifth and sixth year after the registration date.

If no affidavit is filed then the registration is canceled, so the registrant needs to make a note of these dates when the trademark is initially registered. No reminder is sent from the USPTO, so the registrant must personally remember to do this themselves or risk losing their trademark.

The registrant can keep applying to renew their trademark every 10 years so long as they always file the affidavit in the fifth year. In theory, a trademark registration can remain in force for unlimited consecutive ten-year periods, as long as the owner meets the legal requirements for post-registration maintenance and renewal, and files all necessary documents on time.

If a trademark becomes expired or canceled, the trademark still has “common law rights” that can be applied. This enables the law user to challenge another party’s use of their own trademark in court.

For more detailed information about trademarks, explore the USPTO’s website here.

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Bruno Klumpp

Platforms & Policy Operations Manager

Bruno is an experienced policy and platform manager with a demonstrated history of working in the internet industry. His areas of expertise include: Intellectual Property, Anti-Piracy & Anti-counterfeiting strategies, policymaking, and risk management. More about this author

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