How long does a trademark last?

Do Trademarks Expire?

Yes. While registered trademarks can last indefinitely, they can expire if you don’t meet certain legal requirements, such as:

• Initial trademark maintenance: after a trademark is registered, you must file a Section 8 Declaration of Continued Use between the fifth and sixth years, which is a sworn statement with evidence that you’re still using the mark. If you don’t do this, the trademark can be canceled.
• Renewal: after that, you go through trademark renewal every ten years by filing a combined Section 8 and Section 9 Declaration of Use and Application for Renewal. As long as you keep using the trademark and file these documents on time for the expiration date, your trademark registration can last indefinitely.
• Grace periods: if you miss the deadline to file your maintenance documents, the USPTO gives you a six-month grace period to submit them with an additional fee. Otherwise, it could lead to trademark cancellation.

How to Maintain Trademark Protection

Keeping your trademark safe takes some work. Here are a few important steps to make sure your trademark stays protected:

1. Keep using the trademark. The most important thing is to keep using your trademark in connection with the goods and services you registered it for. But it has to be genuine continuous use, not just a token effort to keep the trademark rights.
2. File the maintenance documents. As we mentioned earlier, you need to file maintenance documents with the USPTO in a specific time frame after your date of registration. Keep track of these renewal deadlines so you don’t lose your trademark.
3. Watch for infringement. Keep an eye on the market to make sure no one is using a mark that’s too similar to yours, like your brand name or other intellectual property. If you find someone infringing on your trademark, take legal action with a trademark attorney right away to protect your rights.
4. Maintain accurate records. It’s important to keep records of how and where you use your trademark, as well as any marketing or promotional materials that feature it. These records can help if your trademark is ever challenged.
5. Get legal advice. If you’re unsure about what steps to take, talking to a lawyer can help ensure you’re doing everything possible to protect your trademark. An attorney can help with filing the right documents, monitoring for infringement, and taking action when needed.

Nonuse and Abandonment of Trademarks

In addition to not renewing, trademarks can expire if they are not used (nonuse) or otherwise abandoned (abandonment).

What is nonuse of a trademark?

The USPTO requires that trademarks be used to maintain their validity – nonuse means that it’s not actively being used. If that happens for three consecutive years, the trademark is considered abandoned, and the trademark registration may be canceled.

What is abandonment of a trademark?

Abandonment is when a trademark owner stops using the trademark with no intention of ever resuming its use. This can happen for various reasons, such as the business closing, the product being discontinued, or rebranding.

Are nonuse and abandonment of a trademark the same thing?

No. Nonuse does not always end in abandonment. If a trademark owner temporarily stops using the trademark but has a clear intent to resume continuous use in the future, the trademark may still be protected.

What Happens When a Trademark Expires?

When a trademark expires, you lose exclusive rights to it. This can cause problems because then your intellectual property might be used by other businesses and competitors, which could confuse your consumers and damage your brand.

An expired trademark may even enter the public domain, meaning it can be freely used by anyone. For example, a once-famous slogan that has entered the public domain may lose its association with a specific brand and become a generic phrase.

How to Regain Trademark Protection

If your trademark has been abandoned or expired, you might be able to get it back, but it can be a tough process:

1. Re-file the trademark application: you might be able to file a new application with the USPTO if you can prove that you’re using the trademark again or that you have the intent to do it in the near future (giving evidence of marketing efforts, product development, or other business activities).
2. Negotiate: if someone else has registered a similar trademark while yours has expired, you might need to negotiate with them or even challenge their federal trademark registration.
3. Seek legal assistance: regaining trademark protection for an abandoned or expired trademark can be a hard process. This is where a trademark lawyer comes in: they can help you with the re-filing process, respond to any challenges, and guide you on how to protect the trademark from then on.
4. Consider a new trademark: if all else fails and you can’t get your old trademark back, you might need to create a new one and register it.

Final Thoughts: How Long Does a Trademark Last?

In summary, how long does a trademark last? Well, it can last forever if you keep using it and meet the necessary legal requirements. By staying on top of the rules and taking steps to protect your trademark, you can keep your brand identity safe for years to come.