Call Now For A Consultation (786) 882-7569
·
Mon - Fri 09:00 am - 6:00 pm
·

Trademark Lifespan Explained: How to Keep Your Brand Protected Forever

A U.S. trademark can last indefinitely, provided it’s properly maintained and renewed, making it a vital tool for protecting your brand’s identity and value. Understanding the trademark timeline allows for your registration to remain in good standing.

According to the World Intellectual Property Organization (WIPO), trademark filing activity rose by 13.7% in 2022, making it a key component of any business. 

Starting or growing a business is exciting, but protecting your brand is just as important as building it. Portalatin Business Law Firm understands the challenges entrepreneurs face when understanding trademark laws and safeguarding their companies. 

We focus on empowering business owners with personalized legal strategies that protect their brands. If you’re a business owner, an entrepreneur expanding into the U.S. market, or working with a branding agency, Our knowledge in trademark law can help you avoid pitfalls and strengthen your business foundation.

Key Takeaways

  • Trademark registrations last for 10 years but can be renewed indefinitely to maintain protection.
  • Renewal requires timely filing, proof of use, and payment of fees to avoid expiration.
  • If a trademark expires, you risk losing exclusive rights but may be able to restore it within specific time limits.
  • Keeping your trademark registration active protects your brand and prevents unauthorized use.

What is a Trademark?

A trademark is a legal way to protect your brand’s identity, like your name, logo, or slogan, from being used by others. It’s what makes your business stand out and secures that no one else can legally copy or misuse it. 

Trademark owners must regularly demonstrate the active use of their trademarks to keep the benefits of registration. This forces trademarks to remain relevant and associated with their intended businesses.

Trademarks are vital because they:

Common Types of Trademarks

There are many different components of your brand  you can register a trademark for. The most common things to trademark for your brand are:

  • Word Trademarks: Names like “Google.”
  • Logo Trademarks: Cover visual symbols like the Nike swoosh.
  • Tagline Trademarks: Include phrases like “Just Do It.”

How Long Do Trademarks Last?

Gavel and trademark sign next to a clock showcasing trademark timeline

A trademark lasts for 10 years, but it’s not permanent unless you renew it. According to the Trademark Law Revision Act of 1988, this renewal term was adjusted from 20 years to 10 years to encourage consistent use of trademarks. This means trademark owners must actively manage renewals to maintain their brand’s protection.

Trademarks are the legal shields for your brand, protecting names, logos, and symbols from being copied or misused. For example, think about how the McDonald’s golden arches are instantly recognizable—they’re trademarks that last as long as the owners renew them and continue to use them in commerce.

Can a Trademark Last Forever?

Yes, a trademark can last forever if you renew it on time and continue to use it. For example, brands like Coca-Cola and IBM have maintained their trademarks for over a century through consistent renewals.

What Happens If You Don’t Renew?

If you miss the renewal deadline, your trademark will expire. This means:

  • You lose exclusive rights to your brand.
  • Someone else could claim your trademark.
  • You’ll have to reapply or try to restore it, which can be costly and time-consuming.

5 Steps to Renew a Trademark

Infographic explaining the trademark renewal process through 5 steps.

Renewing your trademark requires timely filing and accurate documentation. Based on data from the United States Patent and Trademark Office (USPTO), their target processing time for post-registration renewal applications is 90 days. Missing your renewal window can result in penalties or even the expiration of your trademark.

Here are the steps required to renew your trademark:

  1. Check the Renewal Deadline: Trademark registrations need renewal between the 9th year and the 10th year.. In the U.S., you also need to file a maintenance document between years 5 and 6.
  2. Gather Required Documents: You’ll need proof of use, like promotional materials showing your trademark in action.
  3. File a Renewal Application: Submit your renewal form to the USPTO.using the USPTO’s Trademark Electronic Application System (TEAS).
  4. Pay the Renewal Fee: Fees vary and are increased from time to time.
  5. Wait for Approval: Once submitted, the trademark office will review your application and confirm renewal.

Renewal Deadlines and Grace Periods

Here’s what you need to know about renewal deadlines and grace periods: Maintenance filing is required between the 5th and 6th year following registration, while renewal filing must be completed between the 9th and 10th year after registration.

Cost of Renewal

These fees change from time to time:

  • Renewal Fee: $300-$400
  • Late Renewal Fee: $100-$200 extra

Tips to Avoid Missing Deadlines

  • Set Reminders: Use calendar alerts or task apps to track deadlines.
  • Hire a Professional: Trademark attorneys can handle renewals and confirm compliance.
  • Keep Records: Maintain proof of your trademark’s use for a smoother renewal process.

What Happens If a Trademark is Not Renewed?

Infographic showcasing 5 effects of missing trademark renewal deadlines.

Failing to renew your trademark can lead to serious consequences. According to USPTO regulations, failure to file maintenance documents by the end of the grace period will result in your trademark expiring by law. This means you lose exclusive rights to your brand, opening the door for others to claim or use it.

Here are the consequences of an expired trademark:

  • Loss of Protection: Your trademark will no longer be legally protected, allowing others to use or register it.
  • Reputation Risks: Unauthorized use of your trademark could harm your brand’s identity and trustworthiness.
  • Reapplication Costs: You might need to go through the full application process again, which can be time-consuming and expensive.

Can You Restore a Lapsed Trademark?

Yes, in some cases, you can restore an expired trademark, but it depends on the timing. For the USPTO, you may file a petition for reinstatement within 6 months, provided you can demonstrate excusable neglect or unavoidable delay.

3 Steps to Recover an Expired Trademark

  1. Act Quickly: File for reinstatement or renewal as soon as you realize the trademark has lapsed.
  2. Gather Evidence: Provide proof of excusable neglect, such as unforeseen circumstances or clerical errors.
  3. Pay Late Fees: Submit the required reinstatement or late renewal fees to the trademark office.

How to Prevent Trademark Expiry in the Future

  • Automate Reminders: Use software or calendar alerts to track renewal deadlines.
  • Hire Legal Help: A trademark attorney can secure compliance with deadlines and manage renewals on your behalf.

Secure Your Brand’s Future with Legal Support

Protecting your brand is important to your business’s success. Portalatin Business Law Firm focuses on helping entrepreneurs complete trademark renewals with ease. With our personalized, multilingual support, we make sure your business is ready for growth and protected from imitators.

If you’re ready to safeguard your brand and take the next step, visit our contact page to connect with us. Let’s build a stronger foundation for your business, together!

Jessica C. Portalatin

Experienced Attorney in the areas of Corporate Law, Trademark Law, Franchise Law, Contract Law and Civil Litigation.

Related Posts

Leave a Reply