How Long Does a Trademark Last in the U.S.?

A federal trademark registration that is issued in the United States is effective for a period of 10 years from its date of registration. However, this does have to be maintained in terms of specific filing with regard to maintenance documents to continue the protection of the mark. This begins by having to file a Section 8 Declaration of Continued Use between the fifth and sixth year following the date of registration. This statement simply identifies that the mark is still being used in commerce and is acknowledged to be part of the registration. Without this filing, the trademark will be cancelled.

Owners are also required to submit a Section 9 Affidavit within the ninth and tenth years of the registration period to maintain the effectiveness of the trademark registration. The affidavit is one of renewal and extends the trademark for another 10 years. By doing so, owners may at times maintain their trademark indefinitely as long as they continue to utilize the trademark in commerce and acquire the renewing obligations.

The owner of the trademark should be aware of such timelines, as reminders are not sent by the USPTO with regard to renewal applications. This could involve maintaining proper records and setting up reminders for filing these documents to avoid accidental loss of trademark rights.

In other words, a trademark can theoretically last forever if its owner does everything that has to be done for restoration, keeps on using it, and timely files the documents. This process will help a company very much in terms of intellectual property.

For further assistance with trademark matters and other business inquiries, please contact One IBC USA, and you will receive professional consulting and full support in the most difficult issues of trademark registration and maintenance.