Trademark Rights and Maintenance
You can lose your trademark rights once you’ve obtained them. Nearly all of these ways involve your failure as a trademark owner to maintain, renew, or enforce your trademark registration. Unlike copyright registration, a trademark registration will last an infinite amount of time, hypothetically. However, this “immortal” trademark life-span comes with strings attached. Namely, you only retain the right to the trademark registration so long as it is continually in use in interstate commerce in the United States.
Your right to defend your trademark only concerns the classes you registered your trade mark in. Preventing rivals from misusing your trademark and being aware of other people’s use of your trademark is the most successful way to avoid losing your trademark. This may involve bringing legal action against rivals who use your trademark to identify their goods. The onus is on you to keep an eye on your brand. If your trademark registration is about to expire, it is important to renew it as soon as possible.
Risks of Trademark Dilution
Failure to police against trademark misuse can dilute the mark’s meaning. Anything that dilutes the meaning of a mark can precede its cancellation. Thorough protection of branding and effective market penetration can lead to genericide.
If you license your trademark or permit third parties to use the mark but fail to effectively supervise the standard of the goods or services offered under the business name or logo, you’ll lose your rights. Assume you own the footwear brand “Frontrunner” which you produce and sell. If you plan to grow your business by licensing it to a 3rd party who will import footwear at lower prices and label them with your brand name “Frontrunner”, the issue here is that when the 3rd party uses your registered mark, it must be closely watched for utilization and quality control.
Maintaining Trademark Longevity
You can reduce losing your trademark by conducting comprehensive trademark search clearance processes – combining intelligent, innovative technology with the trusted expertise.
How can a trademark be revoked?
You can lose your trademark rights once you’ve obtained them. Most of these ways involve your failure as an owner to maintain, renew, or enforce your registration.
How long does a trademark last?
A trademark can last as long as it is used, if the owner is on the ball. Trademarks do not have expiration dates. So, any trademark can last as long as it represents a brand.
Compared to patents and copyrights, trademarks can last indefinitely. But only if you do your due diligence and renew a trademark’s lifespan.
After five years of use, owners must file a Section 8 Affidavit to maintain rights. If continually renewed, the trademark will not expire. The initial period is 10 years from registration date.
Proper use and display maintains validity. Display with TM or ® informs the public of exclusive rights, deterring infringers.
Registering provides 10 years protection, with indefinite renewal if used and fees paid.
Knowing trademark duration provides peace of mind and brand protection. There is no timeframe. It depends on outside factors.