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How Long Does A Trademark Last

How Long Does a Trademark Last? Exploring US and International Trademark Renewal

Joshua Julien Brouard

Joshua Julien Brouard

14 June 20243 min read

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How Long Does a Trademark Last? Exploring US and International Trademark Renewal

How long does a trademark last? A good question!

In this article, I'll explore exactly how long a trademark lasts and discuss the trademark renewal process in some detail.

Let's get started:

So, how long do trademarks last?

In the US, trademarks need to be renewed every ten years. 

That said, trademarks can last indefinitely provided that they're continually used in commerce, and are federally renewed.

And outside the United States:

The majority of countries require renewal every ten years.

And some countries (including the US) require a "maintenance filing" between the 5th and 6th year.

In the US, a Declaration of Use must be filed to maintain trademark protection.

As you can see, trademarks don't have a time limit. As pertinent intellectual property, they play a crucial role in the vitality of most businesses.

Want to learn more about trademark renewal and trademark registration online? 

Read our complete article "How to Renew a Trademark: A Guide That Makes It Easy!"

How do you maintain your trademark?

As mentioned earlier, the only way to maintain your federal registration is to use it continuously in commerce.

However:

Remember that as a trademark owner, you must use your trademark as you registered it without significant alteration.

And, of course, you have to renew your trademark as per your country's requirements.

But what happens if you fail to renew your trademark and keep your brand's identity secure?

What happens if you fail to maintain your trademark?

Well, there is something known as a grace period.

The United States Patent and Trademark Office (USPTO) provides trademark owners with six months after the renewal deadline, during which you can still file to renew their registered trademarks.

Similarly, trademarks filed through the World Intellectual Property Organization (WIPO) also provide a six-month grace period.

However, this will incur an additional fee on top of the standard trademark renewal fees.

Should you miss this grace period, you'll have to re-apply for your trademark.

This can take several months to a year, so it's vital to ensure timely renewal of your trademark.

Want to streamline the process? Let us manage your trademark renewals. Check out our trademark renewal services and keep your trademark protected!

How much does trademark renewal cost?

How much does trademark renewal cost

Want to learn more about trademark services? Read our full article “An Overview of Trademark Services.”

How much does it cost to renew a trademark in the US?

Aside from attorney fees, filing a Declaration of Use between the 5th and 6th year costs $225 per class of goods or services.

However, it costs $525 per class of goods or services every ten years as a continual fee.

If you fail to renew the trademark on time, you'll have to pay an extra $100 per class of goods or services during the grace period.

But internationally these fees will vary.

For example, a 50% surcharge is added to the basic fee if the trademark is filed during the grace period.

Contact a trademark registration attorney for legal advice and guidance regarding your trademark renewals and any other queries you may have.

Interested? Book a 15-minute to an hour video consultation with a trademark attorney on Trademarkia.

Let Trademarkia make it easy for you

At Trademarkia, our qualified trademark attorneys make the trademark renewal process simple and efficient for you.

No more stressing about your next renewal date or about managing your trademark — we've got you covered!

Contact us at Trademarkia. We'd be glad to assist you with your legal protection needs.


FAQs

How often do you have to renew your trademark?

The majority of countries, including the US, require that you renew your trademark every ten years. However, before the first renewal, between the fifth and sixth year, you'll need to file a Declaration of Use.

Do trademarks expire after 20 years?

Trademarks can remain registered indefinitely provided that they're continually used and are renewed as per your country's requirements. Failing to do so can result in official de-registration.

Can you lose a trademark if you don't use it?

Yes, you can lose a trademark if you don't use it. In the United States, non-use for three years is considered evidence of abandonment.

What are the three types of trademarks?

The three main types of trademarks include:

  1. Word marks — comprises words, letters, and numbers to identify and distinguish your goods or services.
  2. Design marks — includes stylized text, designs, symbols, or graphics that represent your brand.
  3. Composite marks — this consists of both word and design elements.

Is a trademark worth it for a small business?

Yes, a trademark is worth it for a small business. US trademark registration provides various benefits, including nationwide protection.

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Joshua J. Brouard has a diverse background. He has studied bachelor of commerce with a major in law, completed SEO and digital marketing certifications, and has years of experience in content marketing. Skilled in a wide range of topics, he's a versatile and knowledgeable writer.