Trademarks can last literally forever, at least as long as commerce exists. There are some trademarks that have been in use for hundreds of years. Some trademarks currently in use in the U.S. are over 100 years old. Examples include John Deer, Coca-Cola, and others.
We must distinguish between the trademarks themselves and the registration of trademarks. Registration of trademarks is a relatively recent innovation with respect to commercial activities. Registration of trademarks only dates to the mid-to-late 1800s, whereas, as noted, there are a few trademarks much older than that.
With respect to registration, in theory, trademark registrations can also last forever as long as proper steps are taken to renew said registrations.
There are several keys to a trademark’s longevity. The first is used in commerce. Even without being registered, a trademark that identifies the commercial source of some product or service will last indefinitely as long as the trademark is being used. This is why there are some trademarks still in use after hundreds of years. Year after year, consumers will see (or hear) the trademark and associate it with a particular product or service.
The next key is protecting the trademark from infringement. Again, even if the trademark is not registered, the owner and user of a trademark must police against infringement. If another company — a competitor, for example — starts placing your trademark on their product, eventually, that will destroy the value of your trademark. Cease and desist letters, litigation, and even governmental action are some of the tools that can be used to protect against infringement.
Another key to a trademark’s longevity is protecting the trademark against it becoming generic in the minds of consumers. Just as one example, “Zipper” was once a trademark used in commerce for a type of fastening device. Over the years, however, the word became so commonly used for that type of fastener that the word stopped, meaning the particular manufacturer of that product. A more modern example is GOOGLE, which has entered common word use as a term for searching the internet. GOOGLE remains a solid and valid trademark, but its owner has had to expend great efforts to avoid the “genericide” of its trademark. Tools here may involve advertising, marketing, litigation, contacting news outlets and magazines to ensure that they are identifying the word as a trademark, etc.
As for registration, there are two requirements for maintaining registration status. The first is used in commerce or excusable non-use. The second is filing proper renewal papers with the relevant registration agency. For the U.S., that is most often the U.S. Patent and Trademark Office. In brief summary, the first registration period is for about six years. Thereafter, the registration periods are in 10-year increments. So, between the fifth and sixth year after the initial registration, the registration must be renewed. Then, the registration must be renewed every 10 years or so after that. Renewal involves filing paperwork, paying fees, and providing evidence that the trademark has been used in commerce. These are called Declarations of Use or Excusable Nonuse.
Contact the Trademark Attorneys at Revision Legal
For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
