How Long Does a Trademark Last? Trademark Renewal, Maintenance, and Expiration Explained!

News & Resources

By Lindsay E. Lane, Esq. on May 6, 2026

In theory, a trademark can last forever, but only if you actually maintain it.

A trademark is not a “set it and forget it” asset. It requires continuous use in commerce and regular maintenance filings to stay alive and enforceable.

If you stop using your trademark, it becomes vulnerable. And in trademark law, vulnerability usually means someone else is ready to step in and take the name for themselves or challenge your ownership. This is where many business owners get caught off guard. They assume registration equals permanent ownership, but miss required maintenance filings and later discover their trademark is no longer active.

Once a trademark is abandoned or canceled, you lose key protections, including nationwide rights to the mark, the legal presumption of ownership, and strong enforcement rights in federal court.

To keep your trademark registration active, you must file maintenance and renewal documents with the United States Patent and Trademark Office (USPTO). The first filing is due between the 5th and 6th year after registration. At this point, you may also file a Declaration of Incontestability, which makes your trademark significantly harder to challenge except on limited grounds.

Between the 9th and 10th year, you must file a renewal to keep the registration active. After that, renewals are required every 10 years for as long as you want to maintain protection.

All of this ties back to one core principle: trademarks are based on use. If you are not actively using your trademark in commerce, your rights weaken and can eventually disappear. The law does not protect names sitting on a shelf unused.

Trademarks are also valuable business assets. They can be licensed, sold, or assigned, and they often grow in value as your brand gains recognition and goodwill in the marketplace.

The key takeaway is simple. A trademark can last indefinitely, but only if you keep using it and keep up with the required filings. Ignore those responsibilities, and the protection does not just fade quietly, it disappears.