Trademarks, unlike patents and copyrights, can potentially last forever, as long as certain conditions are met. However, they don’t have a single, fixed expiration date after initial registration. Here’s a breakdown of how trademark duration works:
Initial Registration Term
In many countries, including the United States and many others that follow similar systems, a trademark registration initially lasts for 10 years from the date of registration. This is a common initial term, but specific durations can vary slightly by jurisdiction.
Renewal and Indefinite Lifespan
Crucially, trademarks can be renewed repeatedly. You can renew your trademark registration for additional 10-year terms (or terms of similar length in other jurisdictions). The key condition for renewal is continued use of the trademark in commerce in connection with the goods or services for which it is registered. You generally need to demonstrate to the trademark office that you are still actively using the trademark. You must also pay renewal fees to the trademark office within the designated renewal period. As long as you continue to use the trademark in commerce, file renewal applications, and pay the required fees, you can renew your trademark indefinitely. In theory, a trademark can last forever, offering perpetual protection for your brand as long as you maintain it.
Why Trademarks Can Last Indefinitely (Unlike Patents and Copyrights)
Trademarks are designed to identify the source of goods or services and distinguish them from those of others. This function is ongoing as long as the brand remains in use and relevant in the marketplace. Unlike patents (protecting inventions for a limited time to encourage public domain) or copyrights (protecting creative works for a limited period), trademarks are not tied to a specific creative lifespan or a need to eventually enter the public domain for the benefit of innovation. Brand recognition and consumer association are ongoing benefits. The value of a trademark lies in its continued use and the goodwill it builds over time with consumers. As long as the trademark is used and remains distinctive, it continues to perform its function and maintain its value.
How a Trademark Can Lose Protection (Despite Potential for Indefinite Lifespan)
If you fail to file a renewal application or pay the renewal fees within the specified timeframe, your trademark registration will expire and you will lose your trademark rights. If you stop using your trademark in commerce and intend not to resume use, your trademark can be considered abandoned. Abandonment can lead to loss of trademark rights, even if the registration is still technically active. (Also, “naked licensing” – licensing your trademark without quality control – can lead to abandonment). If a trademark becomes generic, meaning it becomes the common term for a type of product or service (like “aspirin” or “escalator” were originally trademarks), it can lose its trademark protection. This happens when the public no longer perceives the term as indicating a specific brand source. Third parties can challenge your trademark registration through opposition or cancellation proceedings, potentially leading to the loss of your registration if successful. If you don’t properly police your trademark and allow others to infringe on it without taking action, your trademark rights can be weakened over time.
While trademarks can last indefinitely through renewals, their continued protection is contingent upon active use in commerce, timely renewal, and proper maintenance. Failing to meet these requirements can result in the loss of trademark rights.