How long does a trademark last?
How long a trademark will last depends on whether it is renewed in time or not. If renewed in time, a trademark registration can last forever.
A trademark registration is valid for ten years from the filing date and can be renewed from 6 months before the expiry date until 6 months after that.
After the expiry date, payment of a fine is necessary to be able to renew. This 6-month period is called the delai de grace. If not renewed within this period, the trademark will expire permanently.
How long does a trademark last internationally?
The length of time a trademark remains in effect can vary depending on the country. In general, a trademark is considered to be in use as long as it is being used to identify and distinguish the goods or services of the owner of the mark from those of others.
Internationally, a trademark is valid for ten years. After ten years, the trademark can be renewed for periods of ten years. It is important, however, that use can be demonstrated and it must be prevented that a trademark is not used for more than five years in a row. If that happens, the trademark can be declared invalid.
How long does a trademark last in the US?
In the United States, a trademark can last indefinitely if it is properly maintained and used. A trademark is considered to be in use as long as it is being used to identify and distinguish the goods or services of the owner of the mark from those of others.
However, the United States require a declaration of use or an intent to use declaration with the trademark application. After registration, just using your trademark is not enough to maintain protection. After five years you must submit a section 8 declaration. This must be done before the trademark is six years old, but you can get a 6-month extension by paying an additional fee.
Can one actually own a name?
It is important to realize that someone does not become the owner of a word or logo in general, but with a trademark registration you can obtain the exclusive right to use it to distinguish your products or services from others. In some countries use must therefore be demonstrated in order to be able to apply for and maintain the trademark. After all, if you don’t use a trademark, it shouldn’t remain protected.
How long will a trademark last in the EU?
In many other countries, such as the European Union, a trademark that is older than five years must will have to use the mark as registered. If use cannot be proven, the trademark may be declared invalid. This does not happen automatically, but must be invoked by a third party.
