How long does a trademark last? The professional answer

Do you have a trademarked logo, slogan, or product that you want to protect? Then it’s important to know the answer to this question: How long does a trademark last? A trademark can potentially provide lasting protection for your brand and ensure that competitors do not steal your hard work. The timeframe of how long these protections last is determined by several factors including how the mark is used, registered with the USPTO (United States Patent & Trademark Office), and maintained over time. In this blog post we will take an in-depth look at what trademarks are and discuss their typical duration so you know exactly when yours might expire.

What is a trademark?

A trademark is a type of intellectual property right that protects the visual appearance, name, and sometimes sound associated with a product or business. This protection can help a company to differentiate itself from its competitors, ensuring that consumers are not confused as to who made or developed the service or product. For example, Apple Inc. has exclusive rights to use their iconic bitten apple logo for electronic products, while Coca-Cola has exclusive rights to their particular font and can shape of their logo.

Trademarks are not just limited to a company’s name or logo. They also protect product packaging, slogans, colors, sounds, and any other unique symbols that help consumers identify the source of goods or services.

Legal requirements for trademark registration

To be eligible for trademark protection, the mark must be distinctive and not too similar to another company’s existing mark. The USPTO requires applicants who wish to register their mark to submit a thorough application along with evidence that they are actively using the trademark in commerce.

Once approved, trademarks typically remain active for ten years but can be renewed indefinitely as long as the business continues to use the mark. If a trademarked logo or slogan is not used for more than three consecutive years, it can be considered “abandoned” by the USPTO and no longer protected.

How long does a trademark last?

So, how long does a trademark last? A trademark can last forever if the business continues to use and renew their mark in commerce. However, if a trademark is not used for three consecutive years or more, then it may be considered abandoned by the USPTO and no longer receive protection.

How do I know if my trademark is still valid?

It is important to check with the USPTO or a trademark attorney to make sure that your mark is still active and not expired. The USPTO has an online database where you can search for trademarks. Additionally, you should periodically monitor your mark’s use in commerce to ensure no competitors are infringing on its protected rights.

How do I renew my trademark?

If you wish to extend the protection of your trademark past its initial 10-year period, then you must file a renewal application with the USPTO. The renewal process is generally simpler than filing an original application and requires payment of a fee. Your renewed mark will receive an additional 10-year term that can be extended indefinitely as long as it remains in use.

When filing a renewal for an existing mark, you must provide evidence of continued use. This includes submitting samples of the product or service bearing the mark and proof that it was used in commerce over the last 10 years. Additionally, any changes made to your mark since its original registration must be included with the application.

Once approved, the USPTO will issue a new Certificate of Registration, which will serve as proof of your renewed trademark rights.

How much does it cost to renew a trademark?

The cost to renew a trademark depends on the type of mark, the number of classifications for which it is registered, and other factors. Generally, renewal fees start at around $275 for one classification and can go up from there.

What happens if I don’t renew my trademark?

If you fail to renew your trademark or do not use it for three consecutive years, then the USPTO will consider it abandoned and no longer protected. This means that competitors can start using a similar mark without fear of infringement. Furthermore, anyone else could potentially register the same mark as their own.

The benefits of renewing trademark protection

Renewing your trademark is a wise decision if you want to ensure continued protection for your brand. It not only serves as legal proof that you are the rightful owner of the mark, but it also prevents competitors from using similar marks and can help prevent customer confusion. Additionally, renewing a trademark provides reassurance to investors and business partners that the brand’s value will be preserved over time.

Conclusion: How long does a trademark last

Trademarks provide valuable protection for your business’s brand identity and can help you to stand out from the competition. It is important to know how long a trademark lasts so that you can make sure to renew it when necessary. A trademark typically remains active for ten years but can be renewed indefinitely if the mark is in use. Renewing your trademark ensures continued legal protection and can help prevent customer confusion. If you have any questions about how to protect your rights, consult a trademark attorney or the USPTO for more information.

FAQ: trademark

What is the difference between copyright and trademark?

Copyright and trademark are two distinct forms of protection. While copyright guards original expressions in works, trademark safeguards the business reputation and goodwill associated with a word, phrase, symbol, or design. Knowing the difference is crucial to secure the most suitable form of protection for your intellectual property.

When you have a trademark it lasts for 70 years?

Unlike patents and copyrights, trademarks do not have an expiration date. As long as the owner continues to use the trademark, it can last up to 70 years. Invest in your brand today and safeguard it for generations to come with a trademark.

What word cannot be trademarked?

Learn about trademarking: what you can’t trademark. You can’t trademark proper names or likenesses without consent, generic terms or phrases, government symbols or insignia, vulgar or disparaging words or phrases, the likeness of a U.S. President, immoral, deceptive, or scandalous words or symbols, or sounds or short motifs.

Can I use my name as a trademark?

Unfortunately, personal names fall under the “descriptive” trademark category, which means they cannot be registered unless they have acquired “secondary meaning.” This is often achieved through advertising or extended use.

Can you lose a trademark?

Trademark loss can occur through a range of means, including abandonment. Failure to utilize a mark for three consecutive years, without any intention of its resumption, can result in trademark abandonment. Additionally, improper licensing or assignment can also lead to trademark loss.

What is the oldest active trademark?

Discover the legacy of SAMSON: The oldest trademark still in force. Since its registration in 1884, this mark has stood the test of time alongside its Czech and British counterparts. And, while there are other trademarks just as long-standing, none compare to the recognition and respect SAMSON has earned, especially in Poland where it is known for its delicious ketchups.

Can you claim a trademark color?

Trademarking a color: what you need to know. When filing a trademark application, color is not critical for word marks. However, if you are submitting a design mark application, you must decide whether to pursue trademark protection for the specific color(s) used. In this case, a color claim must be included in your application, specifying the exact colors featured in the mark. Additionally, your drawing submission must be uploaded in color.

How long do trademarks last in Australia?

Your trade mark is safeguarded in all Australian states and territories for an initial term of 10 years. After this, renewal is possible every decade for a nominal fee. With the ability to renew your registration up to a year before your renewal date, or up to six months after, it’s simple to stay on top of your obligations. Don’t forget, renewing after the due date may result in the imposition of a late fee.

What happens to a trademark if it is not being used?

If you fail to use your trademark, it can be cancelled and abandoned. In fact, under Section 47 of the Trade Marks Act, 1999, non-use is valid grounds for removing a mark from the register. Don’t let this happen to your intellectual property. Keep your trademark in use or risk losing it.

Can trademarks be duplicated in US?

Trademark Duplication: A look into U.S. aw. The United States strictly prohibits the registration of identical trademarks for identical goods and services. Learn more about the legalities surrounding trademark duplication in the U.S.