How long does a trademark last? - Miller IP

How long does a trademark last?

A trademark owner does not own a word or an image. Rather, the trademark owner owns the use of the mark to identify the source of goods or services.

Knowing what your trademark protects and how to use it is the key to maintaining your trademark.

When you apply for a trademark, you file a statement of use with the trademark application. The statement shows proof that the trademark is actually being used in commerce (i.e. in the market). A trademark protects the use of a mark to identify the source of goods and services.

If the trademark is not being used then the trademark should not be protected. Trademark protection does not allow for warehousing marks for future use.

How Long Do Trademarks Last?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Once the trademark office grants a trademark, the trademark last as long as the owner continues to use the trademark and can provide proof of the continued use of the trademark.

To keep your trademark rights enforceable you have to keep using the trademark to provide products or services in the mark and periodically show proof of the use of the trademark. If you stop using the trademark for long enough, you will lose your rights to use the trademark.

 







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Comments

  • You do have to file to renew your registration between years 5 and 6 after your trademark registrations, so it may not be a scam. Here is a link to the USPTO’s website to provide a bit more information on this topic: https://www.uspto.gov/trademarks-maintaining-trademark-registration/keeping-your-registration-alive

    Devin Miller on
  • I kept getting these letters to renew my registered trademark for $925. It claims I need a filing between the 5th and 6th years after registration to remain valid? Is this a scam?

    Thanks.

    Kiet on

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Trademarks

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Example Specimens/Evidence of Trademark Usage in Commerce - Miller IP

Example Specimens/Evidence of Trademark Usage in Commerce

Evidence of Use for Trademark In order to acquire and maintain a trademark registration, you must prove you are using the trademark in the marketplace/commerce...

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Why Are Trademarks Important?

A trademark allows a business to protect its brand (the business's name/product names/logos) from use by others and prevents unfair competition.  A trademark also helps consumers identify...

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