How Long Does a Trademark Last? Understanding Renewals and Expiration

A trademark is a valuable asset that protects your brand identity and distinguishes your business from competitors. Whether you're an entrepreneur, a business owner, or a commercial real estate lawyer, understanding the lifespan of a trademark and the renewal process is crucial. In this guide, we’ll break down how long a trademark lasts, how to maintain it, and what happens if it expires.

Understanding the Lifespan of a Trademark

Unlike copyrights or patents, trademarks can last indefinitely, provided they are actively maintained. However, they must be renewed periodically to remain in force. In the United States, a trademark registration is initially valid for ten years. After that, it can be renewed indefinitely in ten-year increments, as long as certain conditions are met.

The Importance of Renewal for Trademarks

Trademark renewal ensures that your rights remain protected. Without proper renewal, your trademark could lapse, leaving your brand vulnerable to infringement. A trademark attorney can help you navigate the renewal process and ensure you meet all legal requirements.

Key Trademark Renewal Deadlines

1. First Renewal Between the 5th and 6th Year
    
   • In the U.S., you must file a Declaration of Use (Section 8) between the 5th and 6th year after registration.
      
   • This proves that the trademark is still in use for the registered goods or services.
      
2. Second Renewal at the 10-Year Mark
    
   • At the 10-year mark, you must file both a Renewal Application (Section 9) and another Declaration of Use (Section 8).
      
   • This renews the trademark for another ten years.
      
3. Subsequent Renewals Every 10 Years
    
   • After the initial 10-year period, you must continue to file renewal applications every decade.
      

What Happens If a Trademark Expires?

If you fail to renew your trademark on time, it will be considered abandoned and removed from the trademark registry. This means:

• You lose exclusive rights to the mark.
   
• Other businesses may register and use the mark.
   
• You may need to reapply for registration, which can be costly and time-consuming.
   

A commercial real estate lawyer handling business transaction should advise clients on maintaining their intellectual property rights, including trademarks, to avoid potential legal disputes.

How a Trademark Attorney Can Help with Renewals

The renewal process can be complex, requiring precise documentation and timely filings. A trademark attorney ensures that your trademark remains active by:

• Keeping track of renewal deadlines.
   
• Preparing and submitting necessary filings.
   
• Advising on compliance with trademark use requirements.
   

Hiring a legal expert minimizes the risk of losing your trademark due to missed deadlines or errors in documentation.

Maintaining Your Trademark Between Renewals

Renewing your trademark isn’t enough—you must actively use and protect it. Here’s how:

1. Consistent Use
    
   • Your trademark should be continuously used in commerce as registered.
      
   • Avoid altering the logo, wording, or intended use significantly.
      
2. Monitoring for Infringements
    
   • Regularly check for unauthorized use of your mark.
      
   • Take legal action if necessary to prevent dilution of your brand.
      
3. Updating Your Registration
    
   • If you expand your business, ensure your trademark covers new goods or services.
      
   • Work with a commercial real estate lawyer when trademarks are involved in business acquisitions or property deals.
      

International Trademark Renewals

Trademark renewal processes vary by country. In many jurisdictions, trademarks must be renewed every 10 years, but the rules may differ slightly. If you have international trademarks, a trademark attorney can guide you through the specific requirements in each country where your business operates.

Conclusion

A trademark is a powerful tool that safeguards your brand’s identity, but requires diligent maintenance. By understanding trademark renewals and expiration rules, you can protect your rights and prevent costly legal issues. Whether you are a business owner, entrepreneur, or a commercial real estate lawyer, staying informed about trademark laws ensures long-term brand security. If you need assistance with renewals, consulting a trademark attorney can help you navigate the process efficiently and avoid losing your valuable trademark rights.