How Long Does Trademark Protection Last?
Since trademark rights arise out of use (as opposed to registration), trademark protections remain in place so long as the mark is in use in commerce. The United States Patent and Trademark Office (USPTO) requires regular post-registration maintenance to maintain a federal registration.
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Trademark rights arise out of use – meaning, once a mark is in use in commerce in connection with certain goods and/or services, the owner of the mark has common-law trademark rights in and to that mark (assuming the mark does not infringe another, existing mark when such use begins). These common-law rights remain protectable so long as the mark remains in use in commerce and is distinctive.
Federal registration of a trademark with the USPTO provides for additional protections not afforded to common-law marks. Once a trademark has obtained federal registration, there are various post-registration submissions required to maintain the life of the mark. First, the trademark owner will need to submit a “Declaration of Use Under Section 8” between the fifth and sixth year following registration. Owners must also file a “Declaration of Use and Application for Renewal under Sections 8 and 9” between the ninth and tenth year following registration. After that, renewal paperwork (and confirmation of use) must be submitted to the USPTO every ten years in order to preserve the federal registration. See Trademark Registrations and Maintenance.
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This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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