How Long Do Trademarks Last? featured image

How Long Do Trademarks Last?

by John DiGiacomo

Partner

Trademark

Trademarks are an important part of a business’s identity and are used to distinguish the products and services of one company from another. Trademarks can come in many forms, from words to logos, and can be registered both nationally and internationally. It is important to understand the duration of trademark protection to ensure your business is sufficiently protected.

Trademarks last for as long as the mark is actively used in commerce and enforced against infringement. A trademark can have an indefinite lifespan, provided that it is continuously in use and maintained properly. In the United States, a trademark must be renewed every ten years with the USPTO, or else the mark will expire. On a global level, the Madrid Protocol allows trademark holders to manage international marks with the same registration, though they must also be maintained and renewed at regular intervals.

In most countries, trademark owners can enforce their marks against infringements and take action against those who use the mark without their permission. Generally speaking, trademark protections start as soon as the mark is used in commerce and registered with the appropriate authorities. It’s important to note that trademark holders must actively enforce their marks against infringement and actively use the marks in commerce, otherwise the protection can be revoked.

Although trademarks can last indefinitely, they should be reviewed and renewed periodically to ensure that they remain active and enforceable. Thus, the duration of trademark protection depends on the mark holder’s ability to actively use the mark and enforce it against infringement. Ultimately, trademarks last for as long as their owners actively use them and keep their registrations up to date.

Looking to file an international trademark registration? Contact Revision Legal today.

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