Trademarks can last forever, so long as they are used in commerce and renewed on time every ten years. Trademarks do not expire after a set period of time.
By Michael Kondoudis, Trademark Attorney
This is our EASY guide to how long a trademark lasts.
Success in business depends on having the right tools and knowing how to use them. One of those tools is a trademark. As long as you keep your trademark in good standing, it can protect your brand from being stolen, copied, or diluted. They have tremendous value, but how long does a trademark last?
If you want to know for how long a trademark lasts and whether a trademark expire, then this guide is for you.
Let’s jump in!
CONTENTS
This article discusses issues that every business needs to know about the duration of trademarks, including:
→ What is a trademark?
→ How long trademarks last
→ How long trademark protection lasts
→ Trademark renewals
→ Frequently asked questions
I. About Trademarks
What Is A Trademark?
Trademarks are words, phrases, and logos that businesses use to identify their products and services. Trademark protection provides the owner with the exclusive right to use a particular mark in connection with the sale of goods or services.
The main purpose of trademarks is to prevent confusion in the marketplace about who is selling what product or service.
II. How Long Do Trademarks Last
How Long Do Trademarks Last?
Trademarks do not have expiration dates. Trademarks can last forever so long as they are put to use and renewed on time. A federal trademark lasts 10 years from the date of registration, with a potentially unlimited number of 10-year renewal terms. So, every 10 years, the owner of a federal trademark registration must renew it with the U.S. Patent and Trademark Office (USPTO).
Trademarks last as long as they are used in commerce to brand products or services. Trademarks do not have expiration dates and do not expire after a set period of time, unlike patents and copyrights. So, any trademark can last as long as it is used to represent a brand.
How long do trademarks last in the US?
In the United States, a trademark can last forever, so long as it is used in commerce and renewed on time every ten years. To renew a registered trademark, the owner must file the maintenance documents with the United States Patent Trademark Office (USPTO) and meet certain legal requirements.
How long do registered trademarks last?
Registered trademarks have initial terms of 10 years. So, a registered trademark lasts for 10 years from the date of registration. But a registered trademark can also be renewed for unlimited successive 10-year terms, so long as the owner meets the legal requirements for renewal and files all necessary documents on time. So, a registered trademark lasts for 10 years and can be renewed for additional 10-year terms.
How Long Is A Trademark Good For?
A trademark can be good for an indefinite length of time. Trademarks do not have expiration dates. A trademark can last indefinitely if it continues to be used to represent a brand and is properly maintained. So, to keep your trademark alive, you need to continue using it in commerce and renew it every 10 years with the US Patent and Trademark Office. Trademarks are good indefinitely if they are continually used to brand products and services and renewed with the USPTO.
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What Is The Term Of A Trademark?
The term of a federal trademark registration is 10 years. However, you can renew your trademark registration indefinitely as long as you (1) continue to use your mark in commerce and (2) file the required documents and evidence with the USPTO. On every tenth anniversary of the registration date, the owner has to submit to the US Patent and Trademark Office proof that the trademark is in use.
III. Trademark Renewals
How Do I Renew My Trademark?
To renew your trademark, you must file a Section 8 Declaration of Continued Use with the USPTO. This declaration must be filed between the ninth and tenth year after your mark was initially registered. Along with the Section 8 Declaration, you must submit evidence that you are using your trademark in commerce.
What Happens If I Don’t Renew My Trademark?
If you don’t renew your trademark, your registration will be canceled, and your trademark will become abandoned. An abandoned trademark cannot be enforced by its owner, and anyone else can use it. Additionally, if you ever decide you want to register your mark again in the future, you will have to start the process from scratch.
Need to renew your trademark?
How Often Do Trademarks Need To Be Renewed?
Trademarks need to be renewed every 10 years.
IV. Condensed Summary
Federally registered trademarks last for ten years, with potentially infinite additional 10-year renewal terms as long as you continue to use them to identify your products or services. So, in the US, a trademark can last indefinitely so long as it is used in commerce to identify and distinguish the source of goods or services. If a trademark is not used for an extended period, it may be considered “abandoned” by the owner and become available for others to use for their brands.
The US Patent and Trademark Office (USPTO) administers federal trademark registrations, and every trademark registration starts with a ten-year term. The trademark owner must renew the trademark registration every ten years to keep it in good standing.
So, a trademark registration will last for 10 years and must be renewed to keep the trademark active. A registered trademark will remain active so long as the owner continues to use it in ordinary commerce and files a renewal application every 10 years to keep the registration active.
Trademarks can last indefinitely as long as they are used in commerce. A trademark’s owner must continue using it to keep the registration alive.
V. Frequently Asked Questions
1. How Long Does Trademark Last?
A trademark can last indefinitely—but only if it is properly maintained. In order to keep your trademark alive, you need to continue using it in commerce and renew it every 10 years with the USPTO. If you stop using your trademark or fail to renew it, your trademark registration can be canceled. If a mark is abandoned, anyone else can use it without repercussions from the original owner. Therefore, it is important to keep track of your trademark and use it regularly in order to keep it alive. In order for a trademark to last indefinitely, its owner must continuously use it in commerce and properly maintain it.
2. Why Should I Register My Trademark?
Registered trademarks are the best kind of trademark because they come with important legal rights. Read our easy guide to why federal trademark registration is so powerful here. The U.S. Patent and Trademark Office registers federal trademarks. For a trademark to be registered, it must be distinctive and not likely to be confused with another trademark.
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For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).