Q: If I register a trademark, how long will that last? When do I have to renew it?
A: Hi, a trademark can last forever, as long as you are using it in the commerce and renew it with the Office. Around every 5 years, you need to file Declaration of Use and every ten years you need to "renew" it with the USPTO.
Ayesha Chidolue agrees with this answer
A: The first renewal date for federally registered trademarks is between the 4th and 5th year after registration.
A: A U.S. trademark is capable of lasting for an indefinite period of time. One must continue to use the mark in commerce and defend it against infringement.
Between the fifth and sixth year after registration, the registration owner must file a Trademark Act Section 8 affidavit of use (“Declaration of Use or Excusable Nonuse”) that includes fees and a specimen, among other things. Between the ninth and tenth year after registration, and at the end of each successive 10-year period after the date of registration (between the 19th and 20th year, the 29th and 30th year, etc.), the owner must file both a Section 8 affidavit (“Declaration of Use or Excusable Nonuse”) and a renewal application (“Application for Renewal”) under Section 9.
Non-use of a mark for three consecutive years creates a presumption that the mark has been abandoned.
Fees and requirements for maintaining registrations are subject to change. Please check the USPTO website for further information.
Griffin Klema agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.