How long can a trademark be protected under federal law?

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Jonatan Schaefer asked a question: How long can a trademark be protected under federal law?
Asked By: Jonatan Schaefer
Date created: Fri, Feb 19, 2021 4:57 AM
Date updated: Thu, Jun 30, 2022 12:51 PM

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Top best answers to the question «How long can a trademark be protected under federal law»

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Trademark rights only expire when the owner stops using the mark in commerce. However, federal trademark registrations expire ten years after the registration date, unless renewed within one year prior to the expiration.

How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

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How long can a trademark be protected under federal law? Difference from similar laws However, federal trademark registrations expire ten years after the registration date, unless renewed within one year prior to the expiration.

In contrast to copyright or patent law, trademark protection does not have a set duration or definite expiration date. Trademark rights only expire when the owner stops using the mark in commerce. However, federal trademark registrations expire ten years after the registration date, unless renewed within one year prior to the expiration.

In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

The Section 9 Affidavit effectively adds 10 more years to your trademark registration. You have to file another Section 9 Affidavit between the ninth and 10th years of every future trademark registration period. If you do this, you can have trademark protection for an unlimited period of time.

To avoid losing those rights, mark the fifth and every 10-year anniversary on your calendar. Make sure you can provide a section 8 declaration and that you have proof of usage of your trademark. Failing to do so can cause you to lose out on the trademark you sought to protect.

As far as running a business, trademarks are cheap ways to help your business. A trademark costs only $275. After five years and 10 years, you have to renew for only a few hundred dollars each time. At the five-year mark, you can also apply to have your trademark defined as uncontestable.

The rights to a trademark can be lost through abandonment, improper licensing or assignment, or genericity. A trademark is abandoned when its use is discontinued with an intent not to resume its use. Such intent can be inferred from the circumstances. Moreover, non-use for three consecutive years is prima facie evidence of abandonment.

Trademark law is a federal issue, and as such, the Lanham Act is the federal statute which governs trademarks. To establish a violation under the Lanham Act for either a registered mark under 15 U.S.C. § 1114, or an unregistered mark under 15 U.S.C. § 1125(a), the plaintiff must demonstrate that (1) it has a valid and legally protectable mark; (2) it owns the mark; and (3) the defendant's use of the mark to identify goods or services causes a likelihood of confusion.

A business name generally can be protected as a trademark under federal and state trademark law. Trademark law is designed to avoid consumer confusion over the trademarks that businesses or other organizations use in connection with their goods and services. Stated briefly, trademark law makes it unlawful for a business to use a trademark (e.g., a slogan, a logo, a name) in connection with a good or service if that use is confusingly similar to another business's use of a trademark.

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