When building a brand, securing a trademark is a critical step, but understanding how long that protection lasts is just as important. Unlike patents or copyrights, trademarks can potentially last forever. However, that protection isn’t automatic or permanent. To keep a trademark active, owners must follow specific legal steps and continue using the mark in commerce.
The Basics: Federal Trademark Protection
When you register a trademark with the United States Patent and Trademark Office (USPTO), you’re granted exclusive rights to use that mark in connection with the goods or services listed in your application. However, this protection is not automatic or permanent. To keep a federal trademark registration active, you must meet certain legal requirements over time.
Key Trademark Maintenance Deadlines
Here’s a quick overview of the important timelines for maintaining a U.S. federal trademark registration:
- Between the 5th and 6th year after registration:
You must file a Section 8 Declaration of Continued Use. This confirms that the trademark is still in use in commerce. - Between the 9th and 10th year after registration:
You must file both a Section 8 Declaration and a Section 9 Renewal Application to keep your registration active. - Every 10 years thereafter:
You’ll need to continue filing combined Section 8 and Section 9 filings every decade to maintain your trademark rights.
Failure to file these documents on time can result in cancellation of your registration, even if you’re still using the mark.
What If You Stop Using the Trademark?
Trademark rights are based on use in commerce. If you stop using your trademark for a prolonged period (generally three years or more), it may be considered abandoned, and others could challenge your ownership. Even if your federal registration remains on the books, it can be cancelled for non-use.
A trademark doesn’t expire like a patent or copyright, it can last forever, as long as you continue to use it in commerce, and you meet the USPTO’s filing requirements. Staying on top of these deadlines is essential to protecting your brand. Many businesses choose to work with trademark counsel to ensure they maintain their rights and avoid costly errors. If you are considering registering your own trademark, or would like assistance in managing and existing one, call Rincker Law today at (217) 774-1373 for experienced assistance in registering and managing trademarks!