How Long Does Trademark Protection Last?

Trademarks are a valuable asset for any business, as they protect your brand. That said, trademark protection does not always last forever on its own. Please continue reading and reach out to a seasoned New Orleans, Louisiana trademark lawyer from Lemler IP to learn more.

What Is a Trademark and How Is It Protected?

A trademark is a recognizable sign, design, or expression, and it identifies products or services from a particular source. The Lanham Act, which was passed in 1946, governs federal trademark protection in the United States.

To obtain a federal trademark, you must file an application with the United States Patent and Trademark Office (USPTO). Once registered, your trademark has protection, which can last indefinitely, but certain requirements must be met.

How Often Do You Need to Renew Your Trademark?

The initial registration of a trademark lasts for ten years. After this period, it can be renewed indefinitely. However, you must file maintenance documents to keep it active. The first maintenance document is due between the fifth and sixth years after registration. This is known as the Declaration of Use (or Section 8 Declaration) and Renewal Application.

The USPTO requires proof that the trademark is still in use, which ensures the trademark is not abandoned. After the first renewal, the next is due every ten years thereafter. The Combined Declaration of Use and Application for Renewal is due between the ninth and tenth years after registration. You must continue to file this document every ten years thereafter.

What Happens If You Miss a Renewal Deadline?

Missing a renewal deadline can result in the cancellation of your trademark. Importantly, though the USPTO has strict guidelines, they do offer a six-month grace period. During this period, you can file a late renewal with an additional fee.

If you fail to renew within the grace period, the trademark is canceled. Once canceled, the protection ends. You can file a new application to register the trademark again, however, this can be costly and time-consuming.

For obvious reasons, it’s always best to keep track of renewal deadlines and ensure you don’t miss them to save yourself time and money down the road.

Can You Lose Trademark Protection Before the Renewal Period?

Yes, you can lose protection before the renewal period. If you stop using the trademark, it can be considered abandoned. Nonuse for three consecutive years is considered abandonment; you must use your trademark consistently to maintain its protection.

Trademark rights can also be lost through improper licensing. If you license your trademark to another party, you must maintain control over its use. Failing to do so can lead to the loss of rights. Additionally, trademarks can become generic. This happens when the public commonly uses the trademark to refer to a general product or service, not your specific brand.

What Are the Benefits of Renewing Your Trademark?

Renewing your trademark ensures continuous protection and prevents others from using your trademark, which helps maintain your brand’s identity and value. Renewing also allows you to enforce your rights in court. Without proper renewal, your ability to protect your brand becomes much more complicated and begins to diminish.

Moreover, having a registered trademark adds value to your business and can be a significant asset in business transactions. Buyers and investors see it as a symbol of established brand identity and legal protection.

If you have additional questions about renewing or obtaining a trademark, please don’t hesitate to contact Lemler IP today.