A trademark can last indefinitely – literally forever – if continuously used and not abandoned. The concept of trademark protection is complex. For companies to understand the duration of a trademark and how long it will last, they must understand what a trademark is. Then the business owner can determine how long they can count on a trademark’s life span.
What is a Trademark?
Trademarks are the words, phrases or symbols that companies use to advertise their products or services. The protection that trademarks provide the owner is the sole right to use a specific mark to sell goods or services. The principal purpose of trademarks is to avoid confusion in the market about who is selling which product or service.
How Do Trademarks Work?
Typically, trademarks fulfill the following purposes:
- Identify your products, as well as the origin of your products
- Defend your goods against piracy and fraud.
- Protect your brand and your business
A trademark registration does not mean you own the name, image, phrase, or symbol used to make the trademark. It is, therefore, impossible to stop other people from using your Trademark in any way simply because it is within your brand. But, you control how it can be applied to products like yours.
For instance, say that you’ve used your logo to brand your landscaping business. It is possible to stop other landscaping companies from using the same logo. However, it cannot prevent other enterprises not involved in landscaping from using the same logo.
Maintenance of Your Trademark
There are a variety of advantages of trademark registration. The presumption that you have exclusive rights to the mark is just one of the benefits. The trademark holder who registered their trademark does not have the burden of proof in establishing that they own the mark or that the mark is legitimate in a trademark infringement suit.
There are three steps you must take to ensure the longevity of your trademark as well as using these essential IP protections:
- Maintain Your Trademark Registration Up-to-date
It is essential to maintain it in good standing. Your continued usage of the brand you’ve established is crucial to safeguard your business’s intellectual property. Without it, your trademark registration could expire and be taken over by another.
- Provide Proof of Regular Use
Upload your evidence through their site. Your registered mark requires proof that the mark has been used after 5 years of registration, 10 years of registration, and every 10 years thereafter.
- File for Incontestability
Also, it would help if you considered creating a second layer of protection for your exclusive right to use your trademark. For most marks, between years 5 and 6 after registration, you can file an Affidavit of Incontestability, which provides many additional rights.
To assist businesses in safeguarding their intellectual property, our law firm provides Trademark Lawyer Consultations with members of its team of knowledgeable trademark attorneys at reasonable rates.
Trademark Renewals
- To renew your trademark, you must make a Section 8 Declaration of Continued Use with the USPTO. This declaration has to be filed between years 5 and 6 after registration, as well as within the 9th and 10th year following the year your trademark was registered, and every 10 years thereafter.
- If you fail to keep your trademark active, the registration will be canceled, and your trademark will be abandoned.
Frequently Asked Questions
How Do I Get a Trademark?
The trademark registration process can take less than nine months. It can take several years, when certain rare legal issues arise. The USPTO issues the majority of trademarks within one year.
What Distinguishes State Registration From Trademark Registration?
Registering your brand with the state will stop a business operating in the same type of business from operating with the same brand within that particular state. It doesn’t guarantee your company’s name in other states, however. A federal trademark registration provides protection across all fifty states and the territories of the United States.
How Do I Register My Trademark All Over The World?
There isn’t an international trademark registration in the United States. It is possible to file trademark applications throughout most nations in the world through a treaty called the Madrid Protocol. To take advantage of the Madrid Protocol you must pursue protection for the foreign countries within six months of your US filing.
What Makes A Trademark Different From A Copyright Or Patent?
Copyright protection can be applied to artistic work, such as books, art, and software. Patent protection is available for designs and inventions. Trademarks protect brands.
Can I Trademark a Business’s Name and Logo at the same time?
Yes. It is very common for a business to file multiple marks, including business names and logos, at the same time.
Conclusion
If you need assistance obtaining a trademark, copyright or patent, The Law Offices of Konrad Sherinian trademark lawyers can assist you with the process. They can also help you with the filing and maintenance procedures and maintenance process.