TL;DR: How long does a trademark last? Forever. Unlike patents and copyrights, a trademark registration has no set expiration date. As long as you continue to use the mark in commerce and file the required renewal documents with the USPTO, your trademark protection can last indefinitely.
A frequent question that comes up with business owners and creators is just how long their intellectual property protection will last. When it comes to trademarks, the answer is uniquely powerful.
Here is a breakdown of why trademarks are such a lasting investment, how they compare to other forms of intellectual property, and what you need to do to keep your registration alive.
Trademarks vs. Patents and Copyrights
To understand the true value of a trademark, it helps to compare it to other common types of intellectual property:
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Patents: Protect inventions and typically expire after 15 to 20 years, depending on the type of patent. Once they expire, the invention enters the public domain.
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Copyrights: Protect original works of authorship (like books, music, and art). They generally last for the life of the author plus 70 years.
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Trademarks: Protect brand identifiers (like names, logos, and slogans). Because they exist to protect consumers from brand confusion, they never expire—provided the brand is still actively using the mark and properly maintaining the registration.
The Proof: Active Trademarks from the 1800s
To prove just how long a trademark can last, we recently researched active trademarks at the United States Patent and Trademark Office (USPTO). Currently, there are 42 active trademark registrations dating all the way back to the 1800s!
Some of the most recognizable historic brands that still maintain their original trademark protection today include:
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Tiffany & Company
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John Deere
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Coca-Cola
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Omega (Watches)
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Hires Root Beer
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Heinz
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Budweiser
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Quaker Oatmeal
The Catch: You Must Maintain and Renew Your Trademark
The fact that a trademark can last forever makes it a tremendous business investment. However, “forever” is not automatic. To keep your trademark registration alive, you must continuously use the mark in commerce and prove that use to the USPTO by meeting strict renewal deadlines.
If you miss these deadlines, your trademark will be considered “abandoned” and canceled by the USPTO. Here is the standard renewal schedule you must follow:
| Renewal Period | Required USPTO Filing | Purpose |
| Years 5–6 | Section 8 Declaration of Use | Proves you are still actively using the mark in commerce. (Tip: You can often file a Section 15 Declaration of Incontestability at this time to strengthen your mark). |
| Years 9–10 | Section 8 & 9 Renewal | Proves continuous use and formally renews the registration for the next decade. |
| Every 10 Years After | Section 8 & 9 Renewal | Required continuously every decade to maintain active protection. |
Protect Your Brand’s Legacy
Because a trademark can outlive you and become a legacy asset for your business, it is crucial to monitor your renewal dates and take your maintenance filings seriously. Missing a deadline can cause you to lose a brand identity you spent years (or decades) building.
What happens if I miss my trademark renewal deadline? The USPTO provides a six-month “grace period” immediately following your renewal deadline. If you file during this window, your trademark will survive, but you will have to pay an additional surcharge fee. If you miss the deadline and the grace period entirely, your trademark registration will be canceled and deemed “dead.”
Can I revive an expired or canceled trademark? Unfortunately, if your trademark is canceled because you missed your Section 8 or Section 9 renewal deadlines, you generally cannot just “revive” it. You will lose your registration and will likely have to file a completely new, start-to-finish trademark application to regain your federal protection.
How much does it cost to renew a trademark? The USPTO charges mandatory filing fees for renewals, which are calculated per class of goods or services your trademark protects. Currently, filing a Section 8 declaration costs a few hundred dollars per class, and the combined Section 8 and 9 renewal (at the 10-year mark) costs slightly more. Because these fees change, it is always best to check the current fee schedule on the USPTO website or consult your trademark attorney.
Do I have to use the ® symbol to keep my trademark alive? While failing to use the ® symbol doesn’t automatically cancel your trademark, using it is highly recommended. You are only legally allowed to use the ® symbol after the USPTO officially registers your mark. Using it puts competitors on public notice that your brand is federally protected, which is crucial if you ever need to sue someone for infringement. While your application is pending, you should use the ™ (trademark) or ℠ (service mark) symbols instead.
