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How long does a trademark last?

Trademarks do not have an expiration date!

In the United States, if you continue to use the trademark in commerce, file timely renewals, and pay the required fees, the trademark has the potential to last forever.

 

What does it mean for a trademark to be “in commerce”?

Without getting too into it, you need to continue selling the goods or offering the services the trademark was originally filed for.  This is usually referred to as the “class” you filed on. Like the original trademark applications, renewals are submitted through the United States Patent & Trademark Office (USPTO) website.

 

When do you have to renew your trademark application?

Trademark renewals are spaced out incrementally over time.

The first renewal period is five (5) years after the date of the original trademark registration.

The second renewal period starts 10 years after the first renewal.

If filed correctly, all renewals after the second one occur at 10-year intervals.

In the United States, you have to show continuing proof of use of the goods or services to be able to renew the trademark application for the next period of time.

If an individual fails to timely renew their trademark registration, there is a six-month deadline to submit post-registration documents and pay a surcharge with the USPTO in addition to the regular fees.

If this six-month period is exceeded, the trademark registration goes abandoned.

From there, the original applicant can try to file a petition to revive the trademark registration explaining the unintentional delay.

Author: Jacbob Salit.

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