A trademark lasts 10 years from registration and can be renewed indefinitely with continued use and timely filings Trademarks are property of business houses; they provide company name assurance, security, and customer trust. Similar to all other legal safeguards, trademarks also have a validity term—a duration that has to be renewed when it expires if it is to live.” If you’re wondering how long a trademark lasts, this article will delve into trademark duration, the renewal process, and how to register a trademark effectively. Whether you’re a business owner, an entrepreneur, or someone looking to protect your brand identity, understanding trademark lifespan and registration is crucial.
What is a Trademark?
Trademark any name, service name, picture name, slogan, or word used in the process of differentiation and identification of a business enterprise in a way so that it can be assumed to differ from another business enterprise. Trademarks are names, and they are owned by somebody at one point or the other in a way to identify the origin of an object or a service. But if you have trademarked your name, then you are even permitted to sell the name with your product or service that you are providing and even may not allow any other person to use your name or even a name that is somewhat similar to your name.
How Long Does a Trademark Last?
The term of a trademark state-wise varies in case the term used registered trademark under consideration. The term of a trademark is 10 years and is an indeterminate term of renewal in use in commerce cases and is the proprietor’s property.
1. Initial Duration of Trademark Protection
In any nation, wherever and whenever any mark ever becomes registered, it’s only protected for 10 years. It’s becoming valid only so that the owner of the mark will be granted sanction to put on his/her product or service the mark only so that nobody is purchasing any right to construct the same mark in the market. The marked mark is being kept reserved for 10 years.
For example, in the United States, the United States Patent and Trademark Office (USPTO) is also conferring validity to the trademark for 10 years from the filing date. Likewise, in the European Union, a trademark will be conferred validity for 10 years from the date of filing of the trademark.
2. Renewal of a Trademark
In the first 10-year term, the owner acquires the right of renewal. In all governments, permanent renewal on loss of ground on expiration of a period of ten years’ use of a mark. Renewal is a request for renewal and fee.
Trademark will be used here as it is not going to be associated with non-renewal cancellation. If the trademark, however, is temporarily expiring, the trademark will be lost, and protection would be refused. How Do You Renew a Trademark?
Trademark renewal is where companies are required to renew mark register application after trademark registration. In the USA, Section 8 statement of continued use (filing where mark used in commerce) and Section 9 renewal application need to be done.
In the EU, pre-registration with the EUIPO and owner’s proof of use, i.e., if used somewhere in some life.
Renewal date and renewal fee differ day and night anywhere.
3. Whether a Trademark Can Be Anticipatively Cancelled
Yes, the trademark can be anticipatively cancelled after 10 years. A trademark can be cancelled on the following grounds:
- Non-use: The mark falls under non-use, which is cancellable, under which the mark is never used in commerce within a period, maybe 3-5 years, within most legal systems. Example: As per US law, the idea is a mark is to be left unused except for continuing use that is being used commercially within some consecutive 3-year period.
- Generalness: Generalised trademarks (for example, “Kleenex” for tissues in front of you) can’t be enforced and can be cancelled.
- Misregistration fraud: Where fraud on registration can be cancelled.
- Infringing on prior mark: Where conflict is new due to an existing prior mark at filing, it can be challenged and can be directed to be cancelled in a future suit.
4. Use in Commerce for Obtaining Trademark Protection
Among the tests on which a determination can be made as to whether or not there is a trademark in use in commerce. Only so, already existing in commerce, can it be enforced. Its owner can make use of it in commerce, i.e., selling or advertising to the market it’s entering in order to enter into it.
In the US and abroad, the owner shall extend long-term use of the mark at the end of every term and apply for a trademark within 5 years.
5. International Term for Trademark
Trademarks are national because trademarks get registered in a nation or area where registered. International associations are where international business companies have control for sale under trademark anywhere in the world.
It also contains the Madison Protocol, by which mark owners from outside can apply for foreign mark registration in a foreign nation by filing an international application abroad. The 10-year registration period and renewal period is 10 years.
How to Register a Trademark?
Simple, but never forget to reveal so that your mark will be legally protected.
Registration Procedure of Trademark
- Search Already Registered Marks: You need a trademark search prior to filing so that you do not leave any other business entity with freedom to file or assert your mark. You can experiment with trying the search in the issuing trademark office database (i.e., USPTO of USA or EUIPO of EU). Saving yourselves future wars and law battles, the search will be useful.
- Choose the Trademark Class: Trademarks differ according to whatever product or service they’re seeking. They have 45 classes, ranging from agricultural products to scientific services. Putting your class in the right class for your trademark is a question of good locations.
- Complete and File the Application: Once you decide and choose the class in which you are filing an application on behalf of yours, then you can file a trademark application. Filing an application would be submitting information about your mark, i.e., type of mark (word, logo, design, or combination), goods/services where your mark would be used, and a specimen of use of the mark.
- File the application and pay fees: You remit payment and send your application to the office of trademarks. Your fee depends on the type and jurisdiction of what you are requesting.
- Examination and Publication: It would then be examined by the trademark office in the direction of seeing if it indeed satisfies all the provisions of the act. Where there is no objection for use, then the mark would be placed for release in government-controlled and third-party-controlled gazettes, and third parties would be provided with the grace period wherein the latter would enjoy the right of objection.
- Receive Registration: No objection (no objection to your request for approval); your mark is registered, and your mark is protected for 10 years from the date.
Conclusion
A trademark is an expensive raincoat on law for your mark under which you will be able to stand in the market. An initial time limit on a trademark is usually 10 years; renewals are statutorily perpetual if ever your mark is getting itself into commerce and sensibly not-too-hard earned. Don’t also recall who the owner of the trademark is operating and renewing the offending.
If you can register a trademark, then trademark it also, i.e., search marks, write the full form, and register in the respective office of trademark. Trademark your mark as a businessman so that you will be able to create long-term wealth and don’t allow people to earn money on your face but for your business.
Register Trademark FAQs
1.) How Do I Register a Trademark?
To register a trademark, do these: In fact, it is a case of best fit for which I can give you an answer.
- Get search marks to check if your mark is or isn’t.
- Select the rightful trademark class of goods/services.
- File your trademark application in preparation for correcting it with the trademark office.
- Application fee.
- Waiting for examination and publication.
- Get your certificate of registration on lack of oppositions.
2.) How Long Does It Take to Register a Trademark?
It would be 6 months to 1 year depending upon the jurisdiction and oppositions or objections, if any. Does a Trademark Ever Expire?
3.) Can a trademark expire?
Yes, the trademark will expire if the owner does not renew the same after 10 years. The owner can, however, renew subject to use of mark only. Can you register a trademark if no plans are yet in place to place the mark in commerce in the upcoming year?
4.) Can I Register a Trademark Without Using It in Commerce?
In America, like everywhere else, you may file an intention to use the mark. You will then be required to prove use afterwards so that you may be on time to qualify under the mark.
5.) What Happens If Someone Else Uses My Trademark?
If ever you find anyone using your trademark, you can sue him for trademark infringement. All you need to do is to write a letter to him, ask him to stop and desist from the same, and sue with the intention of deterring other people from using your brand in an effort to infringe.