The short answer
A US trademark registration lasts as long as you keep filing the maintenance documents: a Section 8 declaration between the 5th and 6th year, and a Section 8 and 9 renewal between the 9th and 10th year and every 10 years after. Each deadline has a 6-month grace period with an extra fee. After publication, anyone can oppose within 30 days. A foreign-domiciled applicant must be represented by a US-licensed attorney.
Trademark deadlines in the United States at a glance
These periods come from the United States Patent and Trademark Office (USPTO) pages on the trademark process and on keeping a registration alive. The law is the Lanham Act (15 U.S.C. 1051 and following). In the US, ownership comes from use of the mark in commerce, and registration is then maintained by filing proof of use. We re-check every deadline against the live USPTO rules before we file.
| Question | Answer |
|---|---|
| How long does a registration last? | 10 years from the registration date, then renewable every 10 years, as long as the maintenance filings are made. |
| Which date does the clock count from? | The registration date. The Section 8 and renewal windows are counted from the date the mark was registered, not from the filing date (USPTO). |
| First maintenance filing | Section 8 declaration of use between the 5th and 6th year after the registration date. |
| First renewal | Section 8 and 9 filing between the 9th and 10th year after the registration date, and every 10 years after that (19th to 20th, 29th to 30th, and so on). |
| Is there a grace period? | Yes. 6 months after each deadline, with an additional fee. If you miss the grace period, the registration is cancelled or expires. |
| Madrid registrations | A Section 71 declaration between the 5th and 6th year and the 9th and 10th year after the US registration date. International renewal goes through the International Bureau. |
| Reply to an office action | 3 months from the issue date, or the application is abandoned. A 3-month extension can be requested for a fee. Madrid applicants have 6 months with no extension. |
| Opposition period | 30 days from the publication date. Any party can file an opposition or an extension request. |
| Intent-to-use applications | After a notice of allowance, file a statement of use or an extension request within 6 months. Miss it and the application is abandoned, with 2 months to petition to revive. |
| Priority claim | 6 months from the first foreign filing under the Paris Convention. We confirm the form and timing at filing. |
| Representation | A foreign-domiciled applicant must have an attorney licensed to practise in the United States (USPTO). |
Who can register a trademark in the United States
The owner of a mark can apply, whether the owner is a US or a foreign individual or company. You apply either because you already use the mark in US commerce, or because you intend to use it (an intent-to-use application).
US attorney required for foreign owners. If you live or are based outside the United States, the USPTO requires an attorney licensed to practise in the United States. We work with US counsel for your filing.
Trademark registration process in the United States
Search
- Search the USPTO register and common-law use for identical or similar marks in your classes.
File the application
- File electronically through US counsel. Choose use in commerce, or intent to use, or a Madrid extension.
Examination and office action
- An examining attorney reviews the application. If there is a problem, you have 3 months to respond, with an optional 3-month extension for a fee.
Publication and opposition
- The mark is published. Any party can oppose or ask for an extension within 30 days.
- Without an opposition, a use-based application moves to registration.
Registration or notice of allowance
- Use-based applications register and a certificate is issued.
- Intent-to-use applications get a notice of allowance about 8 weeks after publication, then you have 6 months to file a statement of use or an extension.
Official fees are set by the USPTO fee schedule and change. We confirm the current per-class fee before we quote, so the figure you see is the one that applies on the day.
United States trademark validity and renewal
- Count every maintenance deadline from the registration date.
- File the Section 8 declaration of use between the 5th and 6th year.
- File the Section 8 and 9 renewal between the 9th and 10th year, and then every 10 years.
- Each deadline has a 6-month grace period with an additional fee.
- If you miss the grace period, the registration is cancelled or expires.
Missing the 5th to 6th year Section 8 is the most common way US registrations are lost. We diarise every US registration from its registration date.
Assignment, licence and changes to a US trademark
Assignment
Transfer of a mark
Record the assignment with the USPTO Assignment Recordation Branch so the register shows the new owner. An intent-to-use application has special limits on assignment before use begins.
Licence
Licensing
A licence can be recorded. The owner must control the quality of the licensee's goods or services to keep the mark valid.
Name or address
Change of the owner's details
Record the change with the USPTO so notices and maintenance reminders reach the right address.
Attorney
Correspondence and representation
Foreign owners keep a US-licensed attorney on record. Ask us for the current process.
Cancellation and non-use of a US trademark
Use is the heart of US trademark law. A registration needs proof of use at the Section 8 stage, and a mark can be cancelled if it is abandoned. Under the Lanham Act, three consecutive years of non-use is prima facie evidence of abandonment. Anyone who believes they are damaged can petition to cancel a registration at the Trademark Trial and Appeal Board, and the grounds available narrow after the registration is 5 years old.
Keep dated proof of use in US commerce: invoices, shipping records, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in the United States
Search applications and registrations on the USPTO trademark search system, and check the status, publication date and registration date. Those dates drive the 30-day opposition period and the maintenance deadlines.
Sources used
- USPTO: Keeping your registration alive (maintenance deadlines and 6-month grace period).
- USPTO: Trademark process (office action, publication, opposition, intent-to-use and foreign-domiciled applicant rules).
- Lanham Act, 15 U.S.C. 1051 and following, for the legal framework.
United States trademark FAQ
How long does a trademark last in the United States?
A registration lasts 10 years from the registration date and is renewable every 10 years, as long as you file the Section 8 declaration between the 5th and 6th year and the renewal between the 9th and 10th year.
When should I renew a US trademark, and is there a grace period?
File between the 9th and 10th year after the registration date, and every 10 years after that. There is a 6-month grace period with an additional fee.
What is the opposition period in the United States?
30 days from the publication date. Any party can oppose or ask for an extension.
How much does it cost to register a trademark in the United States?
The USPTO charges a fee per class and the fee schedule changes. We confirm the current fee and quote the full cost, including US counsel, before filing.
Can a foreign company register a trademark in the United States?
Yes, but it must have an attorney licensed to practise in the United States.
Can I assign a US trademark?
Yes. Record the assignment with the USPTO. Intent-to-use applications are limited in how they can be assigned before use begins.
What happens if I miss the Section 8 deadline?
You can still file in the 6-month grace period with an additional fee. After that the registration is cancelled.
Can a US trademark be cancelled for non-use?
Yes. Abandonment is a ground for cancellation, and three consecutive years of non-use is prima facie evidence of abandonment.
What is an intent-to-use application?
An application for a mark you plan to use. After a notice of allowance you file a statement of use within 6 months, with extensions available for a fee.
Can I claim priority from my home country?
Yes, within 6 months of your first foreign filing under the Paris Convention.
Protect your brand in the United States
SUPREMEiP® files trademarks worldwide through its network, working with US counsel, and diarises every US maintenance deadline. Send us your mark and we will tell you the route, the deadlines and the cost.
