When does a trademark registration expire?

Do trademark registrations expire?

Trademarks differ from patents in at least one critical way. Patents must expire. Trademark registrations can last indefinitely if they are maintained properly. Renewing a registered trademark generally requires ongoing use of the mark on the goods or services covered in the registration. Otherwise, a registered trademark can expire.

Instead, trademarks serve to indicate the source of a product or service. When consumers see a particular brand, they generally will associate the product as originating from a particular source even if they don’t know the name of the company or manufacturer. Moreover, consumers will assume that products bearing a particular brand are not knockoffs made by a competitor, but rather are genuine products having a certain level of quality. Therefore, there is no reason why trademark rights must expire so long as a business continues to sell products or services in connection with its mark.

How long does a trademark registration last?

That being said, an owner of a federally registered trademark should not assume that the registration will automatically last forever. The USPTO places certain post-registration requirements on registrants to keep their registration alive. Also known as post-registration maintenance, you can think of these obligations as trademark renewals. Technically, however, the term “renewal” in the trademark world has a very particular technical meaning as discussed below.

In short, an owner of a trademark registration must take certain steps to maintain the registration during the following deadlines:

  1. 1st maintenance between 5th and 6th year anniversaries of the registration date;
  2. 2nd maintenance between 9th and 10th year anniversaries of the registration date; and
  3. every ten years thereafter (window opening one year prior).

If you’re tracking the status of a third party registration, you’ll want to keep track of not only the above deadlines, but also the 6-month grace period following the deadline.

Common pitfalls in renewing trademark registrations

Renewing a trademark registration requires vigilance especially if the registration contains several goods and/or services. Special care should be taken during the renewal/maintenance periods to check if the mark is currently being used on each and every item in the identification of goods/services. Proof of continued use (i.e., specimens of use) will need to be submitted for each class of goods or services recited in the registration.

If the trademark owner has ceased selling any products or services under the mark, those non-used items should be proactively deleted from the registration during the filing of the maintenance/renewal documents. Failure to do so may jeopardize the validity of the entire registration.

How to prevent your trademark registration from expiring

A decent argument can be made for filing separate applications for different goods and services even when the same mark is being used on all of them. That way, the renewal or lapse of one registration for a particular product will not affect the registrations of the same mark on other products.

Astute readers will recognize that a trademark renewal places certain burdens that are absent in patent renewals. An owner of a utility patent may simply pay a maintenance fee to keep a utility patent alive without having to show any use or licensing of the patent, and design patents do not have any renewal or maintenance fees.

Don’t want your registered trademark to expire?

Contact US patent and trademark attorney Vic Lin by email at vlin@icaplaw.com or call (949) 223-9623 to see how we can develop and execute a strategy to protect your products with design patents.

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Frenda Williams
Frenda Williams
2023-02-21
I have had the pleasure of working with Vic and his team at Innovation Capital Law Group on Trademark creation and contracts. As a solo and non-tech founder, the assistance, guidance and recommendations from Vic and his team have been INVALUABLE. And, with the knowledge that I have a Solid, well versed and caring legal team I can turn to, I have the confidence I need to navigate the intricacies of the tech industry as a solo founder. With that being said, If you’re a startup and you’re looking for a legal team that speaks your language, knows the industry and makes you feel like family…. Innovation Capital Law Group is a Perfect fit for you, your company and your team. Five out of Five Stars… don’t let their brilliance blind you 😁
Shiwei Liu
Shiwei Liu
2023-02-20
Excellent service and quick response. Lots of informative documents on its website.
Chang Chien Michael
Chang Chien Michael
2023-02-20
I have worked with iCap for more than 7 years. I am very glad with his professional knowledge that 7 utility patents were granted by USPTO. Vic and his team are very efficient and knowledgeable. Every time he can transcribe my design idea perfectly in two weeks and file it with no rejection from USPTO. The other service including the granted patent following up is always in time to remind me to take actions. That is why I still stick on iCap as my first priority when I want to file a US patent.
Mats Johansson
Mats Johansson
2023-02-20
We have been happy client for 10+ years. Awesome Patent Law Firm!
Hanson Chang
Hanson Chang
2023-02-16
Glad to write a review for Innovation Capital Law Group. We previously worked with a big law firm (2200 employees) on our patents, and decided to shift over to Innovation Capital. It was a great decision, this team got our patents done faster, more effectively, at a lower cost, and with broader claims. Win all around
Genevieve Springer
Genevieve Springer
2022-09-09
Clear, discernible tools and strategies couched within a business conceived from a genuine interest in doing right by founders.
InPlay Inc
InPlay Inc
2022-06-30
Vic and his team have been providing us with the best patent application experiences we could ever have in our entire career life! Their professionalism and technical knowledge have really saved us a lot of communication effort and time on the applications. Definitely highly recommend if anyone is looking for help with IP protection for their business.
Meg Crowley
Meg Crowley
2022-03-05
After working with Vic and his team at Innovation Capital Law Group, our organization is confident our trademarks were solid and protected. Thank you team.
Andy Dong
Andy Dong
2022-02-28
I have been using Innovation Capital Law Group for a few years and continue to use them. They have provided an excellent services on our legal issues including intellectual properties and patents . They are very responsive, easy to work with and very competent . I highly recommend them.

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