Registered trademark life [Updated]

Last updated : Sept 1, 2022

How long is the life of a trademark?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

What is the term and life of a trademark?

TERM OF PROTECTION. A trademark can be protected in perpetuity if regularly monitored and properly maintained. The period of protection is ten (10) years from the date of registration and is renewable for a period of ten (10) years at a time.

Do registered trademarks expire?

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.

Do I need to renew my trademark?

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 do you depreciate a trademark?

When you determine you will no longer use it, you would amortize it over the remaining four years. The annual amortization expense is $15,000, or $60,000 divided by four. To amortize the trademark, debit the amortization expense account and credit the trademark account annually by $15,000.

How do I protect my trademark?

1. Do Your Homework. The USPTO won't register your trademark if there is a “likelihood of confusion" with another registered trademark.
2. Prepare and File a Trademark Application.
3. Respond Promptly to Office Actions or Oppositions.
4. Monitor Your Trademark.
5. Maintain Your Trademark.

What is the legal life of trademark quizlet?

The trademark has a remaining legal life of five years, but can be renewed every 10 years for a nominal fee.

How long does it take to lose a trademark?

If after the 10th year you fail to renew your trademark, you stand to lose the federal protection that comes with a registered trademark. Similarly, it's considered presumptive abandonment if it is proven that you have not used your trademark in commerce for three straight years.

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 don't renew a trademark?

Effects of Failing to Renew: If you fail to renew your trademark during the periods set forth above the registration will be cancelled by the U.S. Patent and Trademark Office stripping the trademark of the benefits afforded to federally registered trademarks in the United States.

Can I renew trademark myself?

Registered trademark holders or an agent authorized by such a holder to act on their behalf can file the renewal request. Individuals must take the help of professionals to file for renewal of a TM application to ensure the process occurs smoothly without any hiccups or delays.

What are the three types of trademarks?

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

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.

Do we amortize trademark?

Usually, intangible assets are amortized over a period of their expected useful life. However, trademarks are not amortized since they retain their value forever.

Is a trademark a fixed asset?

Intangible assets include operational assets that lack physical substance. For example, goodwill is a fixed asset, as are patents, copyrights, trademarks and franchises.

Is trademark an asset or expense?

Trademark is an intangible asset that protects others from using a business's name, logo, or other branding items. It is a design, symbol, or logo used related to a particular product or a business.

How much is a trademark?

No matter how you file, you will pay a minimum of $250 to apply for a Federal trademark. But considering the importance of your trademark, and the potential complexities you face when filing, it's not a bad idea to use a lawyer or filing service.

What does a registered trademark protect?

A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.

How long can one be protected by trademark law?

How long is a mark protected? A trademark can be protected in perpetuity if regularly monitored and properly maintained. The period of protection is ten (10) years from the date of issuance and is renewable for a period of ten (10) years at a time.

Is intangible asset long lived?

Long-lived assets, also referred to as non-current assets or long-term assets, are assets that are expected to provide economic benefits over a future period of time, typically greater than one year. Long-lived assets may be tangible, intangible, or financial assets.

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Write a comment

hello youtube this is steve from the life and sad ending channel and i got some good news today um i had applied for a trademark for my channel name the life and sad ending and i was tired of people abusing the title in their videos even with people who were living so now i have some protections hopefully if youtube honors these documents and uh so i hopefully can shut down some of these bogus what i call bogus channels pumping out this stuff like the life and sad ending of willie nelson the life and sad ending of clint eastwood and countless others who are alive and well you know i would never do such a thing that's ridiculous so hopefully now maybe i have some protections i'm filing claims against many of these uh different channels using my trademark and i'll show you the the corroborating paperwork that goes along with that i received this paperwork in the mail today and it says united states of america united states patent and trademark office the life and sad ending is a registered trademark as of august 3rd 2021 and it's signed and it is official and hopefully i don't know if youtube is going to honor it but i can certainly hope that they will identify these other channels as just trying to make their name off of my name i started the original life and sad and ending channel and i i don't appreciate others using it in the manner that they do it's one thing to say the life and tragic ending you can reword that in a myriad of different ways without using the exact wording that i came up with the life and sad ending so uh we'll see and and maybe this will be the uh the sad ending of the life and sad ending fake channels bye for now you

Thanks for your comment Wilson Kulacz, have a nice day.
- Lindsey Henrichs, Staff Member

as a business owner you go to great lengths to ensure that you're building a strong business and brand a strong brand helps create customer loyalty and also distinguishes your goods and services from that of your competition as the first legal step you may have already filed a trademark application or may have a trademark registration to protect your brand so the next question is does this trademark expire and what is the life of a trademark i'm lupersha and in today's episode i'm going to talk about the life of a trademark and what are the steps that you need to take once a trademark is registered to ensure that it is alive and in good shape trademarks are source identifiers for a business they enhance the value and marketing strategy of a business they can be a slogan a brand name tagline scent color smell or even design trademark rights don't automatically last forever in order to keep your trademark active and alive you need to ensure that you're using it consistently and you also need to file maintenance and renewal papers with the trademark office now once a trademark is registered the trademark owner needs to maintain the trademark between the fifth and sixth year from the date of registration what that means is that you're filing an affidavit which says that you're continuing to use the mark uh in commerce in and using it to sell your goods and services um continuously and you haven't abandoned that your use of the trademark and once maintenance is filed your trademark is due for renewal every 10 years from your date of registration and if you fail to meet those deadlines between the fifth and sixth year or the ninth and tenth year then the trademark office does give you a six-month grace period within which to file uh your maintenance or renewal papers but if you fail to do so even within that grace period then it will go ahead and cancel your trademark registration now filing uh maintenance and renewals is not always enough you need to act you need to diligently and truthfully use your trademark in commerce to sell your goods and services and trademark rights can expire if they are abandoned which means if you're not using your trademark to sell your goods and services for more than three consecutive years and you have no intention to resume use then your trademark is considered abandoned and even if you file these maintenance and renewal papers if you're not actively using it there could there is a chance that it could be cancelled because the united states patent and trademark office has an audit program which is uh you know it is a random selection based program where it selects at random trademark registrations that are on its register if you have more than four goods or services listed in your trademark registration you could be selected at random to see that you you are actually using the trademark um in connection with your goods and services and so you need to be prepared to show to the trademark office how you're using it and that you're using it using the trademark for each of the goods and services that are specified and listed on your trademark registration now it could be that you know sometimes uh you you'll forget to file maintenance or renewal and the trademark office will then go ahead and cancel your trademark application and this has happened to big companies also where you know there has been an oversight and trademark application trademark registrations have been cancelled because of failure to file renewals or maintenance now if that happens your best course of action is to go ahead and refile a trademark application of course this will and if someone else has come in the meanwhile and registered or applied for the same mark or the same brand as you did then you'll have to spend more money in trying to get your mark back from the other user and from preventing from other user to get a registration for that same brand name um and this happened in uh this happened a big company like mattel they had a trademark registration for crash dummies which because of failure to file renewal uh was uh cancelled in in two way back in 2000 and in 2003 crash dummy movies went came on and it applied for crash dummies in the movie uh business and even though mattel didn't have a trademark registration at that time it opposed uh this trademark application saying that they have been consistently using the mark from 1995 to 2000 and they're still continuing to use it and they have no intention to abandon it and you know uh that they will continue to use it and so the trademark office accepted that evidence and uh said okay because you've showed us this evidence you have rights to crash dummies before this other person this other company that came ahead and applied for the mark and so uh you know there is a chance that you could revive a trademark um but it's going to end up costing you more money so be vigilant if you have a trademark registration make sure you have the dates targeted or your attorney has the dates targeted to file the proper maintenance and renewal papers that's all from me from today if you have any questions please feel free to dm me or email me if you found this information helpful please like share comment and also subscribe to my youtube channel at no personal law thank you for watching i'll see you again soon

Thanks esmiegeE your participation is very much appreciated
- Lindsey Henrichs

About the author

Lindsey Henrichs

I've studied sociobiology at California State University, San Bernardino in San Bernardino and I am an expert in human evolution. I usually feel awake. My previous job was electrical drafter I held this position for 15 years, I love talking about air sports and adult sport leagues. Huge fan of Kate Middleton I practice fly-fishing and collect classic cars.