Asked in Copyright, Intellectual Property and Trademark

Q: Hello, i would like to know if a registered trademark has an expiry date?

A registered trademark will remain registered to the owner company forever? or it needs to be renewed?

if it expired, can someone else register its ownership? and can we know if a trademark is expired?

2 Lawyer Answers
William Scott Goldman
William Scott Goldman
Answered
  • Trademarks Lawyer
  • Washington, DC

A: Yes, unlike patent and copyright registrations, both having clearly-defined expiration dates, trademark registrations can theoretically last forever as long as use is continuous. However, the trademark owner must file maintenance documents at regular intervals to demonstrate ongoing use: six years following registration, four years later, and then every ten years thereafter. Failure to do so will result in cancellation by the USPTO as reflected in the database. Under those circumstances, other parties could seek registration, provided there's no excusable non-use or continuing common law rights.

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: Generally speaking, so long as a trademark is being used to indicate the source of a good or service, it continues to have common law rights, but a trademark may be deemed abandoned for non-use. However *registration* on the primary register of the USPTO may expire due to failure to file required maintenance documents in order to prove continued use. If registration for a specific trademark has expired, this does not mean that the owner stopped using the trademark. The trademark may still have common law rights against infringement by others. Also, note that some trademark owners may opt to redo their logo design so they may allow the registration for a particular logo to expire, but they may be continuing to use the word mark and/or the word mark may still be registered.

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