Can trademarks be renewed forever [Must-Know Tips]

Last updated : Aug 27, 2022
Written by : Quyen Vilhauer
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Can trademarks be renewed forever

Are trademarks registered forever?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

How often do you renew trademarks?

You must renew your trademark registration between the 9th and 10th year following your registration date, and each successive ten-year period thereafter. If you've exceeded the deadline year by less than 6 months, you may pay an additional fee to file within the USPTO grace period.

How long can a registered trademark last?

How long does a trademark last? Once you've got your registered trademark, it has to be renewed every 10 years. So trademarks can potentially last forever if you keep paying the renewal fees.

How long is a registered trademark protected for?

The term of trademark registration can vary, but is usually ten years. It can be renewed indefinitely on payment of additional fees. Trademark rights are private rights and protection is enforced through court orders. What kinds of trademark can be registered?

Can you lose a trademark?

You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.

What happens if I let my trademark expire?

If you let your trademark expire, you leave it open for another company or user to register and use it. If the products or services are different than yours, the other company may have an easier time acquiring your trademark. How do I renew a trademark?

Can you buy an expired trademark?

If the mark has been abandoned for three to five years, odds are, you're in the clear. That's the span that the USPTO requires trademarks to be maintained, meaning if the proper paperwork hasn't been filed, it's potentially up for grabs. The risk comes from the Lanham Act.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

How does trademark renewal work?

Typically, when you file a required maintenance document, you'll submit a signed declaration saying that you're continuing to use your trademark with the goods and services in your registration. You'll also submit one specimen for each class of goods or services.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

How often do you have to use a trademark?

In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

What if someone is using my trademark?

If the person or entity receives your letter and continues to use your trademark, it's time to file a lawsuit. The suit will get filed in federal court if it spans more than one state. If the infringement is local, it may get filed in a state court.

Can you buy a trademark?

Question: Can you purchase a trademark? Answer: Yes, you can purchase a trademark from another person or entity. Trademarks are a form of intangible property that can be sold and bought, just like real estate.

How can I get my trademark back?

In order to restore your full trademark protections, you will need to begin the process to register your trademark again. This includes conducting a comprehensive trademark search and filing an application with the USPTO.

Can you revive a trademark?

If a trademark applicant unintentionally fails to respond to an Office Action or to a Notice of Allowance, there is a mechanism in place for that applicant to revive the trademark application. If this occurs a petition to revive the application must be filed with the United States Patent & Trademark Office ("USPTO").

How do I revive a lapsed trademark?

You will have to file a petition with the United States Patent and Trademark Office (USPTO) to revive the application within two months after the Notice of Abandonment has been posted and within six months after the USPTO electronically posts that the application has been abandoned.

Why would a trademark be dead?

A dead trademark is an indicator by the U.S. Patent and Trademark office that a trademark application or registration is no longer actively pending. A trademark will be marked dead when a trademark registration is not renewed or when an applicant does not timely respond to an office action or notice of allowance.

How much does it cost to buy a trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Can you trademark just a name?

You can register your brand name with the USPTO to protect your intellectual property from misuse. It is not immediately necessary to secure a trademark, though it could benefit your brand.

Which category of trademark is the strongest?

The strongest types of trademarks are (1) fanciful or coined marks, such as EXXON for petroleum products; and (2) arbitrary marks, such as AMAZON for retail services.

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Can trademarks be renewed forever

Comment by Robbie Gallatin

when does the trademark expire hey everyone my name is marcela dominguez i have been a trademark lawyer for close to 10 years now i am super happy that you are watching this video don't forget to hit subscribe down below the red button and make sure you watch this video right here because it will be a great follow-up to this one so you want to know when does the trademark expire well let me tell you something you want to get the word expire out of your vocabulary because the uspto does not refer to trademarks as expired they refer to them as abandon so if you say expired then i'm assuming you mean does the trademark ever lapse does it yeah i know what you mean so let's say you've already registered a trademark and you're wondering does this application have an expiration date do i have to renew it at some point is it a non-perishable application or a non-perishable status meaning i don't really have to do anything with it because it's never going to expire well the truth is that when it comes to trademarks you have to stay on top of your application because if you're not on top of them then the deadline can come and go and your application or your trademark will become abandoned so in this video we are going to cover two things when does a trademark expire and how does the trademark expire now if you want to register a trademark it is going to be pretty important that you listen to everything i'm about to tell you why well because you don't want your trademark to expire surely you're investing a lot of time effort and maybe even money into this application so you don't want to waste any of those things and you don't want to be wasteful so let's get right into it so when does the trademark expire well a trademark doesn't necessarily expire a trademark will become abandoned so now that you know that we should be using the word abandon the question is how does the trademark become abandoned or expired for those of you that still prefer the word expired so a trademark can become expired if you don't use it and that is one of the more common ways that a trademark will expire or become abandoned so if you go to the trademark electronic search system and you type in the word hello you will see a column pop up on the right side of the word hello you will see live or dead so if it's dead it means that it has become abandoned that could be either because they didn't renew or because they didn't use their trademark so let's dive a little bit deeper into why your trademark will expire if you don't use it so if you've been watching my videos you know that use is a requirement to keeping your trademark whether you have a trademark registration certificate already or let's say you're just a common law trademark holder and if you want to know more about common law trademark rights watch that video first because it'll give you context for this one but whether you're a registered trademark owner or whether you are relying on common law trademark rights you have to use your trademark in order to hold it and to be the owner of it and to claim ownership over it and to claim rights over it so you can't use it and then say oh i'm bored i'm not going to use it anymore and then you can't revisit the issue a year later and then say that you're still the rightful owner if in that year period somebody else decided to use it because then that person will make the argument that you stopped using it so were you actually using it for a continuous period of time those things are super super important so what's the overall take-home point what's the overall tip here the overall tip is that you should continue to use your trademark for a continuous period of time and sell under that brand and market under that brand if you plan to be the owner of that trademark so you can't be a trademark squatter and say i really love this name i am the owner of this name and then not do anything with it you can't just not promote it you can't just not market it you can't just say you own it you can't just sue somebody for using it and you haven't actually used it and met the definition of trademark ownership so if that was news to you and you just learned something new make sure that you hit the thumbs up button down below giving me that thumbs up is just a nice little gesture and it could just be your small way of saying thank you marcela for putting this content out so what is another way that your trademark can become abandoned or what's another way that your trademark can expire if you don't file the proper renewal documents then say bye so between the fifth and sixth year there is a very important document that you need to file so if you're at that point where you're approaching the fifth year make sure you watch this video right here because i go into detail there about what you're supposed to do now if you don't file that document then the uspto is going to assume that you haven't been using your trademark and then so your trademark might become abandoned and so like i said if it becomes abandoned then you are going to have wasted the time the effort and the money to put in a trademark application and to get to this point so to avoid wasting energy time and resources make sure that you watch that video so that you know exactly what you're supposed to do between the fifth and sixth year so do you only have to worry about what happens with your trademark between the fifth and sixth years are there other years that are really important to this process well yes the tenth year is also going to be really really important as a small business owner i know that you have a lot of priorities you have a lot of things on your to-do list and i know that staying on top of deadlines for the uspto might seem pretty difficult and kind of annoying so if you need help with that make sure you send us an email it is always free to do so and we can make sure that you don't miss any deadlines so that your trademark application never goes abandoned we want you to maintain your trademark registration with the uspto so if you need help with that like i said make sure you scroll down into the description my goal with this video was to teach you about when a trademark may expire or go abandoned and i know that other attorneys may tell you that as long as you use your trademark it will not expire and that is the partial truth so it is true that you have to continue to use your trademark remember i just told you right here you have to use your trademark in order to maintain ownership over it but if you are a registered trademark holder as in you have a registered trademark certificate issued by the united states patent and trademark office and you want to maintain that registration with the trademark office then it is not enough to just use it you also have to stay on top of the filings which we just talked about so if you don't really care about the registration certificate then by all means just use it but your registration will eventually be abandoned because you don't file these documents that they're expecting you to file i mean your trademark might go abandon if you haven't filed the right documents

Thanks for your comment Robbie Gallatin, have a nice day.
- Quyen Vilhauer, Staff Member

Comment by caneraday

i'm andre minkoff and in this video i'll share with you everything you need to know about how long trademark registrations last whether there are annual maintenance fees and when you should renew your trademark registrations trademarks are the only type of intellectual property that can in theory last forever as long as you keep using your trademark in commerce as long as you take care of the necessary formalities you can keep renewing and renewing and renewing your trademark just like coca-cola has been doing they got their first trademark in 1892 and have been renewing it ever since so let's go back to how long trademark registrations last now let's say you've gone through the process you filed your trademark application got approved allowed and finally registered in most countries the first registration term is 10 years from the registration date now there are several jurisdictions for example european union and australia that count the 10 years from the filing date now then you can renew your trademark registration for an unlimited number of times each time for another 10 years and then another 10 years and another 10 years and so on for as long as you care to renew your trademark registration canada used to have a 15-year term of registration and renewals but has switched to 10 years recently now unlike with patents there are no annual trademark maintenance fees once your trademark is registered it's registered all you need to do is just renew it on time it's the brand owner's responsibility to take care of renewals in time there's usually a short period during which trademarks are to be renewed and it differs from country to country it's either a few months before the expiration of the current term or a few months after you can tell the exact timing from what your trademark registration papers say make sure you read them and pay attention now with trademark factory we make sure to notify brand owners of all renewal deadlines for the trademarks we've registered for them as part of all of our packages oh and one more thing in the us there's a mandatory maintenance filing between the fifth and sixth anniversary of your trademarks registration when you need to provide to the uspto evidence that proves that you're still using your trademark it's usually photos of your products links to your web store and other similar evidence if you don't file the necessary paperwork in time your trademark will be cancelled we've actually seen a lot of trademarks cancelled this way and brand owners didn't even know they were supposed to take care of the maintenance filing so be very extremely careful not to miss the deadlines when your trademarks register in the us again this only happens once between the fifth and sixth anniversary of your trademarks registration and then you would renew it on the 10th anniversary and then renew it again on the 20th anniversary and so on that's exactly what coca-cola has been doing since 1892. trademark factory will notify you of the maintenance filing deadlines if you register your u.s trademarks to us so there you have it the initial trademark registrations last for 10 years either from the registration date or the date of the application and you can renew them indefinitely every time for 10 years with no mandatory annual fees except there is one maintenance filing in the us between the fifth and sixth anniversary of the registration i hope you found this video useful and if you did make sure you subscribe to our channel because there's a lot more stuff you can learn here about trademarks and building a great brand and if you have a brand you're thinking of trademarking book a call with one of our strategy advisors using the link below and until then i'll see you in the next video trademark factory

Thanks caneraday your participation is very much appreciated
- Quyen Vilhauer

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