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How Long Does a Trademark Last?

Question: How long does a trademark last?

Answer: Once a trademark registration is granted by the USPTO, it will last five years before another filing is required. However, if you shut down your business or stop offering your goods or services before then, the trademark will be considered abandoned from a legal perspective.

As a result of this, if someone wanted to cancel your registration on the grounds that you are no longer using it, they would be allowed to that at any time after your trademark is registered.

If you continue doing business and selling the goods and services listed in your application, you will be required to file a Section 8 Declaration of Continued Use five years after your registration was granted. This essentially the same as a renewal.

This particular filing requires that you prove to the USPTO that you are still offering all the goods and services that you listed in your trademark registration “in commerce.”  With this filing you must also update the goods and/or services listed in your trademark registration to ensure they match what you are currently offering.

After you file the Section 8 Declaration of Continued Use at the five year mark, the next filing will be due between the 9th and 10th year of your registration date. At this point, you must file a formal renewal with proof (again) that you are still using your trademark “in commerce.”

Once this is filed, the trademark will be good for another 10 years before another renewal is due.

Ultimately, a federal trademark registration will last forever, so long as you keep up with all these renewal deadlines and continue to sell or offer your goods or services in the marketplace.

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