Can a trademark be protected forever?
The key requirement for a trade mark to be protected is that it is distinctive, such that consumers can rely on the mark to distinguish the owner’s goods/services from those of other traders. … A trade mark registration can last forever, provided it is periodically renewed (every 10 years in the UK/EU).
How long does a trademark last if not used?
Answer: Once a trademark registration is granted by the USPTO, it will last five years before another filing is required. However, if you shut down your business or stop offering your goods or services before then, the trademark will be considered abandoned from a legal perspective as it is no longer in use.
Can a trademark be renewed indefinitely?
Trademarks can last forever.
All trademark holders must realize that to keep their federal trademarks registered they must both continue to use them in interstate commerce and file the proper renewal paperwork at periodic intervals prescribed by law.
Does my trademark expire?
Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. … The owner must file the declaration after the fifth anniversary of the USPTO’s registration of the trademark but before the sixth anniversary.
What happens if a trademark is not renewed?
Registering your trademark ensures you maintain exclusive rights to the mark. If you don’t renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership.
What is an inactive trademark?
The USPTO defines a dead mark as: “a dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing.” While you can register a dead mark, other potential issues may make it not worth the risk.
Can you lose your trademark?
You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.