How Long Our Trademark is Protected in United States After Registration – Validity of a Registered Trademark in United States

Understanding the validity of a registered trademark in United States is crucial for businesses seeking long-term protection for their brand. After a trademark is registered, it doesn’t last forever without some maintenance, but with proper care, the protection can last indefinitely. The validity of trademark in United States follows specific rules and guidelines established by the U.S. Patent and Trademark Office (USPTO).

How Long Our Trademark is Protected in United States After Registration?

One of the most common questions asked is, how long our trademark is protected in United States after registration? Initially, a registered trademark in the U.S. is valid for 10 years from the registration date. However, between the fifth and sixth year of registering trademark in United States, the trademark owner must file a Declaration of Continued Use, which proves that the trademark is still actively being used in commerce. Failure to file this declaration can result in the cancellation of the trademark. Additionally, to maintain the validity of a registered trademark in United States, the owner must file for renewal every 10 years to extend protection.

Validity of Trademark in United States

The validity of trademark in United States hinges on continuous use and timely filings. The renewal process, similar to the procedure of trademark application in United States, helps to ensure that trademarks remain in active use and that companies are still benefiting from the exclusive rights granted by the registration. If a trademark is not renewed or if it ceases to be used in commerce, its protection can be lost. Essentially, while the registration grants an initial 10-year period, the validity of United States trademark can be extended indefinitely, provided the owner adheres to the required steps.

Factors Affecting the Validity of a Registered Trademark in United States

While the validity of a registered trademark in United States can last for many decades, several factors can affect this. First, trademarks must be used continuously in commerce. If a trademark is abandoned or not actively used for an extended period, the USPTO can cancel its registration. Additionally, failure to meet renewal deadlines or file declarations of continued use will result in the loss of protection. Lastly, if a trademark becomes generic (such as “aspirin” or “escalator”), its United States trademark validity can be compromised.

United States Trademark Validity and Renewals

The renewal process is a critical aspect of maintaining the validity of a registered trademark in United States. As mentioned, the initial period is 10 years, and renewal must occur every decade. In addition to renewal, the owner must file a declaration between the fifth and sixth years of registration. This ensures that the mark is still in use and has not been abandoned. Without these renewals, the validity of United States trademark will expire, and the owner loses exclusive rights.

Conclusion

In conclusion, the validity of a registered trademark in United States depends largely on the continuous use of the mark and proper filing with the USPTO. Initially, trademarks are protected for 10 years, but by filing the necessary documents and paying the appropriate fees, the trademark’s protection can last indefinitely. Understanding how long our trademark is protected in United States after registration and adhering to renewal requirements ensures that the trademark remains valid and protected for as long as the owner needs.

*** After more than 10 years of operation, ASL has been ranked as the top-tier IP Firm for years by Legal500, AsiaLaw, and WTR. We have been well known for OneTouch of IP protection in more than 27 countries with Budget savings from 15-35%. The more clients file trademark, patent, and industrial designs through ASL, the more savings our clients receive.