We’re often asked how long a federal trademark can last. The easiest answer is that it can last forever. What’s often missing from that answer is, maintaining a trademark takes work, just like anything else in business.

15 U.S. Code § 1059 requires, and the governing rules at the United States Patent and Trademark Office has codified, that regular renewal filings must be submitted every ten years in order to remain on the principal register. While the Code requires a renewal every ten years, there is an additional duty when your mark first registers. A Declaration or Statement of Use must be filed between the fifth and sixth year and again between the ninth and 10th year of registration in order to keep your mark alive. Here’s what a registration timeline can look like.

Sample Renewal Schedule Only

Trademark owners can file for renewal up to one year in advance of the expiration date, but no later than six months after the expiration date. Using this example, if the first renewal window was missed, a trademark owner would have until July 1, 2007 to renew, with an additional fee, before losing their status on the principal register as a mark owner. These renewal timelines serve as a check and balance system, allowing innovation to continue to grow when marks have been abandoned by the originator.

To ensure that your trademark remains active, it’s crucial to keep track of these renewal timelines yourself, or partner with an attorney to navigate you through the process. We’re here to help. Give us a call at 1-888-752-2629 or schedule a call with us using our convenient online scheduling tool.

Disclaimer: This sample schedule contemplates US registrations and registrations based on the Madrid Protocol.

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