How Long Does a Trademark Last?

How long do trademarks last?

The length of a federal trademark registration term is 10 years, but trademarks can potentially last indefinitely.

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks can persist so long as the owner fulfills the following requirements:

• Continue to use the trademark 
• Meet the deadlines for submitting necessary paperwork
• Pay all required fees

Maintaining your trademark

The first step in maintaining your trademark is understanding what a trademark is. If you own a trademark, it doesn’t mean that you own a logo, a word, or a brand. You own the right to exclude others from using that trademark on goods or services. The trademark is how you tell your customers that your products come from you. The United States Patent and Trademark Office (USPTO) has a direct interest in protecting your ability to enforce trademark rights.

Trademark protects the use of a mark to identify the source of goods and services. If the trademark is not being used, then it should not be protected. Trademark protection is not meant to warehouse interesting brands for future possible use. 

When you first apply for a registered trademark, you must file a trademark statement of use with the application. The statement is proof that the trademark is actually in use in commerce. The requirement to show the actual use of the mark is important, as provided in the statement of use.

Once the USPTO grants a registered trademark, you will need to keep using the trademark for the purposes of providing the goods or services outlined in your application. If you don’t demonstrate continuous use of your trademark, the trademark can be canceled or can expire, and your brand may no longer be protected. 

Mark the fifth and every 10-year anniversary of your trademark registration on your calendar to avoid losing your trademark rights. You must provide proof that you are still using your trademark. The proof takes the form of a sworn statement from the owner that the mark is still in use. Make sure you can provide a Section 8 declaration (more on that later) and that you have proof of usage of your trademark. Failing to do so can cause you to lose out on the trademark you sought to protect.

What documents do you need to file to maintain a trademark?

The following maintenance documents need to be filed on time to keep your federal trademark registration alive:

Section 8 Declaration of Use and/or Excusable Nonuse

Trademark Section 8 requires the owner to provide evidence that the trademark continues to be in use. To show the mark is still in use, the owner must file a Section 8 declaration. 

A Section 8 declaration can be used to state that your trademark is used in commerce. It should include a list of the products and services the trademark is being used for and an example of how the trademark is being used (such as an image of a product with a tag on it or an advertisement).

A Section 8 declaration can also be used to explain that the trademark is not in use, list the reasons that justify the nonuse, and describe the efforts to resume use. A Section 8 declaration must be filed between the fifth and sixth years after the date your trademark was registered.

For a fee, trademark owners can request a six-month grace period if the declaration is not filed prior to the sixth anniversary.

Section 15 Declaration for Incontestability

You may also have the option to file a Section 15 Declaration for Incontestability after five years of continuous use in commerce (as long as your trademark is registered on the Principal Register and you meet legal requirements). 

A Section 15 Declaration for Incontestability document states that a trademark owner has been using the trademark continuously for five years and has incontestable rights. It protects your trademark’s validity from being challenged by a third party. 

Combined Section 8 Declaration of Use and/or Excusable Nonuse and Section 9 Application for Renewal

A Section 9 Application for Renewal is a written request to preserve your account status. You must submit the Section 9 renewal application along with a Section 8 declaration between the ninth and 10th years after the trademark registration date.

After the 10th year, Section 8 declarations and Section 9 trademark renewals must be filed every 10 years.

3 steps to protect your trademark

In addition to renewing your trademark registrations on time and paying applicable fees, there are a few steps you can take to help ensure your trademark is fully protected. 

1. Proactively defend your trademark rights against genericization

Genericide is when your trademark becomes so widespread that people start using it as a generic term for a category of products or services. Genericide can result in loss of trademark protection.

For instance, in 2011, Apple attempted to bring a trademark lawsuit against Amazon for using the term “Appstore.” Amazon countered that “app store” was a generic term, and Apple ended up abandoning the lawsuit.

2. Stand up against challenges

You might have to defend your trademark in court if a third party challenges the validity of your trademark or believes that your trademark violates their rights. If the party who challenges your trademark is successful, you may lose trademark rights. 

3. Check for use of your trademark beyond the federal database

In addition to conducting a federal trademark search, it’s a good idea to do an internet search to see if any other businesses in your industry are using your desired trademark. A business may have common law trademark rights if they are actively using a trademark but have not yet registered it federally. 

The USPTO recommends searching the following:

• The USPTO trademark database
• The Trademark Official Gazette (TMOG)
• State trademark and business registries
• Domain name registries
• The Madrid Monitor (an international trademark registration database)
• The Global Brand Database (a trademark search engine)
• The European Union Intellectual Property Office’s (EUIPO) landing page
• TMview (an EU and international trademark database)

Searching trademark databases can be a hassle, but an experienced trademark attorney can help you conduct a trademark search and complete the federal registration process.

What happens if a trademark expires?

If you don’t meet trademark renewal deadlines, your trademark may be canceled or expire.

If your trademark expires, the following can occur:

• Loss of protection. Once your trademark expires, you lose the exclusive rights to use the trademark for your brand. You may not be able to enforce your trademark rights if another business uses a similar trademark. 
• Potential infringement. Without legal trademark protection, your business may be at greater risk of infringement if someone registers a similar trademark (or exact replica).
• Loss of priority rights. You may lose priority rights to your trademark if it expires. That means that someone else may be able to apply for and get an identical or comparable trademark. You may need to rebrand or relaunch your business under a new trademark. 

If your trademark expires, you may be able to apply for trademark registration again. An attorney who specializes in trademark law can offer advice on how to fulfill trademark maintenance requirements and help ensure your trademark continues to protect your brand.