In the world of business and branding, trademarks play a crucial role in distinguishing the goods or services of one enterprise from those of others. A trademark can be a word, phrase, symbol, design, or a combination of these, that identifies and differentiates the source of the goods or services. One of the most common questions about trademarks is regarding their longevity: How long does a trademark last?
The duration of a trademark in the United States is theoretically indefinite, but this comes with a caveat. The initial term of a federal trademark registration is ten years. However, it can be renewed indefinitely for successive ten-year periods. This perpetual protection is contingent upon the trademark being actively used in commerce and the owner fulfilling certain maintenance requirements set forth by the United States Patent and Trademark Office (USPTO).
To maintain the validity of a trademark, the owner must show continued use of the mark in commerce. Between the fifth and sixth years after the date of initial registration, the trademark owner must file a “Declaration of Use” (Section 8 Affidavit) with the USPTO to prove that the mark is still in use. Failure to do so can result in the cancellation of the registration. Additionally, to renew the trademark registration, a “Renewal Application” (Section 9 Renewal) must be filed during the year before the end of each ten-year term.
It’s worth noting that the protection of a trademark begins from the date it is first used in commerce, not from the registration date. However, federal registration provides additional protections, including the presumption of the registrant’s ownership of the mark and the exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration.
Apart from federal registration, trademarks can also be registered at the state level, where the term and renewal periods may vary. However, state registration does not provide the extensive protection afforded by federal registration, such as nationwide rights and the ability to bring a lawsuit concerning the trademark in federal court.
In conclusion, while the protection offered by a trademark can last indefinitely, maintaining that protection requires attention and diligence from the trademark owner. By ensuring continued use in commerce and complying with USPTO maintenance and renewal requirements, a trademark can serve as a perpetual asset and symbol of a brand’s identity and reputation in the marketplace.