How long does a trademark last? A US federal trademark registration is valid for 10 years. That's the short answer, and it's the one you'll find on every competitor page ranking for this query. But it leaves out the part that actually matters: the first maintenance deadline arrives between years 5 and 6, not at year 10. Miss it, and your registration is cancelled. Not suspended, not paused. Cancelled. A substantial number of US registrations lapse precisely this way, often because the owner had no idea the deadline existed.
The full picture of trademark duration is more nuanced than "10 years, renewable forever," and it varies depending on where you registered. Here's what you actually need to know to keep your trademark alive.
The Short Answer: How Long Does a Trademark Last?
In the United States, a federal trademark registration is valid for 10 years from the date of registration, and it can be renewed in 10-year increments with no upper limit. The same 10-year baseline applies across the European Union, the United Kingdom, and registrations filed through the Madrid Protocol (the international treaty that allows a single trademark application to designate protection in multiple countries).
This is where most explanations stop. It shouldn't be, because the 10-year term is only the outer boundary. The actual survival of your registration depends on what you do within that period.
In the US, the critical distinction is between the registration term and the maintenance obligations. Your registration lasts 10 years, but your obligation to prove you're still using the mark kicks in much earlier. The trademark registration process doesn't end when you receive your certificate. It creates a set of ongoing obligations that, if neglected, undo the protection you paid to obtain.
The EU and UK systems are simpler in this regard: no interim filings, just a single renewal at the 10-year mark. That structural difference matters if you hold marks in multiple jurisdictions, and it's one of the reasons US trademark maintenance deserves its own detailed treatment.
US Trademark Maintenance Timeline (First 20 Years)
US Trademark Maintenance: The Deadlines That Actually Matter
The USPTO imposes a maintenance schedule that is more demanding than any other major trademark office. Understanding it is not optional.
Section 8: Declaration of Continued Use (Years 5-6)
Between the 5th and 6th anniversary of your registration, you must file a Section 8 Declaration of Continued Use. This is an affidavit confirming that you are still using the trademark in commerce for the goods or services listed in your registration. You must also submit a specimen of use, evidence showing the mark as consumers actually encounter it, such as product packaging, a screenshot of a website where the service is offered, or similar proof.
This is the deadline that catches people. Most trademark owners expect the first action item at year 10. The Section 8 filing at years 5-6 is the hidden maintenance requirement, and failing to file it results in cancellation of the registration. The USPTO does not send reminder notices.
The filing fee is $225 per class through TEAS (the USPTO's electronic filing system). If your registration covers three Nice classes (the international system for categorizing goods and services), that's $675.
Section 15: Declaration of Incontestability (Years 5-6, Optional)
Filed during the same window as Section 8, the Section 15 Declaration of Incontestability is optional but strategically significant. If your mark has been in continuous use for five consecutive years and there is no pending challenge, filing a Section 15 declaration makes the registration "incontestable." This limits the grounds on which a third party can challenge your mark, essentially removing the argument that your mark is merely descriptive.
Incontestability does not make a registration invulnerable. A mark can still be challenged on grounds of genericness, fraud, or abandonment. But it eliminates several common attack vectors and strengthens your position in litigation. For marks you intend to keep long-term, there's rarely a reason not to file it.
Section 8 + Section 9: Combined Renewal (Every 10 Years)
At the 10-year mark (and every 10 years after), you file a combined Section 8 Declaration and Section 9 Renewal Application. The Section 8 component, again, proves continued use. The Section 9 component renews the registration for another 10-year term.
Fees: $225/class for Section 8 plus $300/class for Section 9, totaling $525 per class through TEAS. For a detailed breakdown of all trademark costs, including maintenance fees across jurisdictions, see the full cost guide.
Grace Periods
Every US maintenance deadline includes a 6-month grace period. If your Section 8 is due between years 5 and 6, you have an additional 6 months after the deadline to file late. The cost: a $100 surcharge per class, on top of the regular filing fee.
This grace period is a safety net, not a strategy. The surcharge adds up quickly for multi-class registrations, and relying on it signals a portfolio management problem that will eventually result in a missed deadline with no recovery.
The Full US Maintenance Timeline
For a registration issued on January 15, 2026, the trademark renewal and maintenance schedule looks like this:
- January 15, 2031 to January 15, 2032: File Section 8 (and optionally Section 15). Grace period extends to July 15, 2032.
- January 15, 2036: File Section 8 + Section 9 combined renewal. Grace period extends to July 15, 2036.
- January 15, 2046: Next Section 8 + Section 9. And so on, indefinitely.
That's three filing deadlines in the first 20 years. Miss any one, and the registration is gone.
EU, UK, and International Trademark Duration
The US is an outlier in its maintenance complexity. Most other major jurisdictions keep it straightforward.
European Union Trade Marks (EUTM)
An EUTM lasts 10 years from the filing date (not the registration date, a meaningful difference for applications that take months to register). Renewal is a single filing every 10 years. There is no interim maintenance requirement, no declaration of use, and no equivalent of the Section 8 filing. You register, you wait 10 years, you renew. The simplicity is a genuine advantage of the EU system.
One caveat: the EUIPO can require proof of genuine use if your mark is challenged in a cancellation proceeding or relied upon in an opposition after five years. But this is a reactive requirement triggered by a third party's challenge, not a proactive filing obligation. If nobody challenges your mark, you never need to prove use until renewal.
United Kingdom
UK trademark registrations last 10 years from the filing date, renewable in 10-year periods. The structure mirrors the EUTM system. Since Brexit, UK and EU trademarks are separate rights. A pre-Brexit EUTM that covered the UK was automatically converted into a comparable UK registration, but going forward, you need separate filings and separate renewals in each jurisdiction.
Madrid Protocol International Registrations
Registrations filed through the Madrid Protocol last 10 years from the date of international registration. Renewal is handled centrally through WIPO (the World Intellectual Property Organization), which is administratively convenient for marks designating multiple countries.
The critical concept here is central attack. For the first five years, a Madrid registration depends on the "basic mark" in the home country. If the basic mark is cancelled, refused, or narrowed during that five-year dependency period, the international registration falls with it. After five years, the international registration becomes independent.
This has practical implications. If you register a trademark in the US and use it as the basis for a Madrid filing designating the EU and UK, losing the US registration in the first five years could collapse your entire international portfolio. The dependency period is the single most important strategic consideration when planning Madrid filings.
Canada
Canada changed its trademark term from 15 years to 10 years in 2019, aligning with the standard international baseline. If you hold a Canadian registration from before June 2019, your initial term may be 15 years, but subsequent renewals will be on a 10-year cycle.
Required Maintenance Filings in the First 10 Years by Jurisdiction
What Happens If You Miss a Deadline
The consequences depend on how late you are and which jurisdiction you're in.
Within the Grace Period
At the USPTO, you have 6 months after a missed Section 8 or Section 9 deadline to file with the $100/class surcharge. At the EUIPO, a 6-month grace period also applies for late renewals, with its own surcharge. During the grace period, your registration remains active. File the maintenance documents, pay the surcharge, and the registration continues as though nothing happened.
After the Grace Period
Once the grace period expires, the registration is cancelled. At the USPTO, this is final. There is no petition to revive, no appeal, no administrative remedy. The registration is struck from the register.
Refiling After Cancellation
You can file a new application for the same mark after cancellation, but you lose the original priority date. Your new application will be examined against any marks filed or registered in the interim. If a competitor registered a similar mark while your registration lapsed, your new application may be refused on likelihood of confusion grounds. You also lose the benefit of any Section 15 incontestability you had achieved, along with your original filing date for seniority purposes.
The Math
The cost of maintaining a single-class US registration for 10 years: $225 (Section 8 at year 5-6) plus $525 (Section 8 + Section 9 at year 10) = $750 total. The cost of refiling after a lapse: a new application fee ($250-$350/class), plus months of examination time, plus the risk of rejection, plus the loss of your original priority date.
Maintenance is always cheaper than recovery. For portfolios with multiple marks, the numbers become stark. A trademark portfolio management approach that tracks deadlines proactively is not a luxury; it's basic risk management.
Common Law vs. Registered Trademark Duration
In the US, the UK, Canada, and Australia, common law trademark rights arise automatically from use of a mark in commerce. You don't need to register anything. If you've been using a name to sell goods or services, you have some trademark rights in the geographic area where you've established consumer recognition.
These rights last indefinitely, as long as you continue using the mark. There is no maintenance filing, no renewal fee, no trademark expiration date. In theory, common law rights are the simplest form of trademark protection.
In practice, they are the weakest. Common law rights are geographically limited to the area where you've actually used the mark and built recognition. They provide no constructive notice to other parties. If a dispute arises, the burden of proving your rights falls on you, and you need evidence of continuous use, consumer recognition, and the geographic scope of your reputation.
Registration adds structure that common law rights lack: nationwide constructive notice (in the US, from the date of filing), a legal presumption of ownership and validity, the ability to record your mark with customs to block infringing imports, and access to federal courts with the possibility of statutory damages. If you're still weighing whether to file, the guide to trademarking a name covers the process and costs from the beginning.
The bottom line: common law rights are a floor, not a ceiling. They exist as a baseline, but registration is what makes trademark protection enforceable at scale. And registered trademarks, unlike common law rights, require active maintenance to keep alive. That's the trade-off.
How to Keep Track of Trademark Renewal Deadlines
Knowing the deadlines is only useful if you have a system for meeting them. A few practical approaches.
USPTO's TSDR tool. The Trademark Status and Document Retrieval system lets you look up any US registration by serial or registration number and check its current status, including upcoming maintenance deadlines. It's free and it's the authoritative source.
Calendar reminders. The minimum viable system. For each registration, set four reminders: (1) one year before the Section 8 window opens, (2) the opening of the Section 8 window, (3) the Section 8 deadline, and (4) the start of the grace period. Repeat the same pattern for the 10-year Section 8 + Section 9 renewal. This works for one or two marks. It breaks down quickly beyond that.
Portfolio management. Once you hold marks across multiple jurisdictions, each with different renewal timelines and maintenance requirements, manual tracking becomes a liability. Portfolio management tools that centralize deadlines, flag upcoming filings, and track specimens of use become essential. The registration process is only the beginning; the real operational burden is maintenance over decades.
One universal rule: never assume the trademark office will remind you. The USPTO does not send maintenance reminders. The EUIPO sends courtesy notices, but these are not legally binding, and failing to receive one is not a defense against cancellation. The responsibility is entirely on the trademark owner.
Consult a trademark attorney for guidance specific to your portfolio, especially if you hold registrations across multiple jurisdictions with overlapping deadlines.
Keeping track of trademark deadlines is one of the first problems that trademark monitoring infrastructure solves. For teams building tools that need deadline and renewal data across 200+ trademark offices, Signa provides this data through a single API at signa.so.