Do Trademarks Expire? - Miller IP

Do Trademarks Expire?

Trademarks are valuable assets for businesses as they protect the unique identifying features of products and services. A trademark can be a name, symbol, logo, or design that sets a business apart from others in the market. One question that often comes up for trademark owners is whether trademarks expire.

Unlike patents, trademarks do not expire as long as they are used in commerce and the registration is maintained. Trademarks can last indefinitely, as long as they are renewed periodically and continue to be used in commerce.

The initial registration of a trademark with the United States Patent and Trademark Office (USPTO) lasts for ten years. After the initial ten-year period, trademark owners must file a renewal application with the USPTO to maintain their registration. If the renewal application is approved, the trademark registration will be renewed for another ten years.

Trademark owners must use their trademarks in commerce to maintain their registration. If a trademark is not used in commerce for a certain period of time, it can be considered "abandoned," and the registration can be canceled. The amount of time a trademark can go unused before it is considered abandoned varies depending on the circumstances and the jurisdiction in which the trademark is registered.

It is important for trademark owners to monitor their trademarks to ensure they are being used properly and to prevent unauthorized use. Infringement of a trademark can result in legal action, which can be costly and time-consuming. By monitoring their trademarks, owners can identify potential infringers and take action to protect their intellectual property.

In conclusion, trademarks do not expire as long as they are used in commerce and the registration is maintained. Trademark owners must renew their registration every ten years and use their trademark in commerce to prevent it from being considered abandoned. It is important for trademark owners to monitor their trademarks and take action against potential infringers to protect their intellectual property rights.

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