How Long Does Trademark Registration Last?

The term of a federal trademark registration is ten years, with 10-year renewal terms. Unlike copyrights or patents, trademark registration rights can last indefinitely if the owner continues to use the mark to identify goods or services.

Filing Forms

However, between the fifth and sixth year after the date of initial trademark registration, you must file an "affidavit of use" and pay an additional fee to keep the registration alive. You must also file an affidavit and pay a fee every 10 years. If an affidavit is missed, the registration is canceled. However, you may file the affidavit within a grace period of six months after the end of the sixth or tenth year, with payment of an additional fee.

To file forms for a trademark, consider retaining an intellectual property lawyer, use the Trademark Electronic Application System. You may also contact the Trademark Assistance Center at 1-800-786-9199 to request a paper form.

Keep Your Registration Alive

To keep a registration alive, the owner of the registration must file specific forms at the particular times listed above.

• Affidavit or declaration of continued use or excusable nonuse under Section 8 of the Trademark Act (also known as a Section 8 Declaration)
• Application for renewal under Section 9 of the Trademark Act (also known as a Section 9 Renewal)
• Declaration of Incontestability under Section 15 (Section 15 Declaration) of the Trademark Act (filed by the owner of a registration on the Principal Register)