How long does a trademark last?

A trademark lasts as long as it is renewed. So, 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.

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.

The United States requires 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.

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Once the trademark has been in existence for ten years, not only is a declaration of use required, but it must also be proven that the trademark has been used. For example, product marks need photos of use and sale.

Each time the trademark is renewed in the United States after periods of ten years, proof of use must be provided again, unless the trademark is allowed to expire.

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.

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how long does a trademark last