How Long Does a Trademark Last - PDF document

How Long Does a Trademark Last Trademarks are the best way to protect the unique identity of your products or services and distinguish them from those of others, creating recognition and enabling your customers to identify their source. Once registered, trademarks are protected from being used by others, just like other assets. As the business and its reputation grow, trademarks often increase in value and become extraordinarily valuable assets. But, how long does a trademark last? Trademark registration is territorial and, therefore, the duration of a trademark registration varies depending on the laws of the country or territory it is registered in. Typically, iP’s Pen yearsB So how come we know famous trademarks that potentially last forever? Because trademark registration can be renewed indefinitely. What are some countries where trademarks last for an initial period of 10 years and can be renewed indefinitely if requirements are met? • UniPed SPaPes • European Union • China • UK • DusPral ia • India • Canada And many more. How Long Does a Trademark Last in the US? In the United States , a federal trademark has to be renewed every ten years from the date of registration. If not , the registration can be canceled. Remember to follow the date. The USPTO sends courtesy email reminders, but you must still file the documents on time regardless. To renew trademark registration in the US, the trademark owner must meet the legal require ments for the trademark to be renewed and file maintenance documents to the United States Patent Trademark Office (USPTO) before the deadlin e or the registration will be canceled or will expire. The required maintenance files include: • D DeclaraPion oH Use (Under secPions 8) bePween Phe �HPh and sixPh year aHPer Phe regisPraPion daPeB The declaraPion con�rms PhaP Phe owner is sPill using Phe PrademarI wiPh Phe goods and services in Phe original regisPraPionB This should be submiPPed wiPh a specimen oH use and a HeeB Failure Po �le a DeclaraPion will resulP in cancellaPion oH Phe regisPraPionB Having �led Phe a�daviP, Phe regisPraPion can b e renewedB • D DeclaraPion oH Use and DpplicaPion Hor Renewal (Under secPions 8 and B) bePween Phe ninPh and 10Ph years aHPer Phe iniPial PrademarI regisPraPion daPeB • D DeclaraPion oH Use and DpplicaPion Hor Renewal (Under secPions 8 and B) every 10 years aH Per PhaP, wiPh no changes Hrom how iP was originally regisPered and issuedB Doing Phis will granP uninPerrupPed PrademarI proPecPion B Optional maintenance files includ e: • D DeclaraPion oH InconPesPabiliPy (Under SecPion 15)B The declaraPion sPaPes PhaP Phe PrademarI cannoP be challengedB IP is noP mandaPory Po �le Phis declaraPion, buP iP can provide PrademarI holders wiPh bePPer proPecPion in case oH HuPure PrademarI i nHringemenPs or any challenges Po Phe PrademarIB If you file the necessary documents and have been using the trademark as it was issued, your brand can gain trademark protection for an unlimited consecutive 10 - year periods. But what happens if the maintenance documents are not �led in time? If renewal papers are not filed in time, your trademark can be canceled by the USPTO. Brands that use their trademark and wish to avoid it being canceled, must file the maintenance document as required by law an d keep the registration active as it was. Once canceled, a trademark registration cannot be reinstated. This means that in case you did not file as required and your registration was canceled, you need to apply for a trademark again. There is a grace perio d of 6 months offered by the USPTO to renew the registration, but it requires an additional fee. If your trademark was canceled, it does not mean that you have no protection. Without trademark registration, trademarks can still have common law protection a s long as you keep using them for the same purposes. In terms of your rights, trademark intellectual property rights do not change, but you lose the additional protection offered by trademark registration. How Long Does a Trademark Last in the EU? A European Union Trade Mark (EUTM) is valid for ten years . It can be renewed for ten years at a time, indefinitely. Six months before the expira tion of the registration the EUIPO will inform the owner, their representative or any other registered rights holder, in writing, that the registra tion is due for renewal. To renew, submit a request and pay the associated fee during the 6 - month period prior to the expiration. An additional six - month grace period for renewal starts on the day following the date of expiration, with payment of an extra fee. An EU registration applies to all EU countries, but if you choose for any reason to maintain your rights in certain Member States but not in others, you can file an application for conversion rather than renewal, within three months from the end of the additional period for renewal. China Brand Protec�on Cases How Long Does a Trademark Last in China? A trademark in China is valid for ten years from the date of registration . Within 12 months prior to the date of expiration, you need to file an application to renew the registration. There is a grace period of 6 months to renew registration, but it requires an extra fee. You can continue to file for renewal every 10 years. UnliIe Phe UniPed SPaPes, you do noP need Po prove “use” Po Hile an applica tion and register a trademark in China. Similarly, a registered trademark does not require that you prove use to maintain or renew the registration. However, once a trademark is challenged for non - use by a third party, which can generally happen after it h as been registered for three years, it requires the owner to provide evidence of use of the registered trademark. For brands who market their goods or services in China, it is usually easy to provide sufficient evidence of use. Does Trademark Registratio n O�er International Protection? No. Trademarks and other intellectual property assets are territorial. Whether State or Federal, registration provides protection within geographical borders. For trademark protection in multiple countries, you have two op tions: 1B RegisPer your PrademarI in each counPry where you wanP your marI Po be proPecPed or in a region such as Phe European UnionB 2B RegisPer your PrademarI under Phe Madrid SysPem B Ds Phe Madrid SysPem does noP uniHy or harmonize PrademarI law in all member counPries, each counPry in which you apply Hor regisPraPion has Phe righP Po dePermine whePher iP granPs proPecPion in Phe PerriPoryB Each counPry reviews Phe applicaPion, and once iP approves iP, Phe PrademarI is regisPered in PhaP counPry and gains Phe same proPecPion as iP would have had iP been regisPered PhereB Does the International Trademark Depend on the O�ce of Origin? An international registration depends on the mark in the Office of Origin for a period of five years starting the date of its registration. After the initial five - year period, the international registration becomes independent of the application or registration in the Office of Origin. Then it can remain in effect upon the payment of applicable fees every ten years. How to Protect my Trademarks Online? Registered trademarks are an integral part of your brand identity and value, so it is crucial t o verify your trademark registration lasts for as long as you need it. Registered IP rights, such as trademarks, are an essential tool for brands who wish to enforce their rights online, such as through takedown requests on online marketplaces and on onlin e platforms, such as Amazon Brand Registry. To protect your brand online, we suggest you consider professional online brand protection services that can offer a strategy and the technology and expertise to offer a 360° solution. Online Trademark Protection by Wiser Market Wiser Market is an online brand protection agency dedicated to helping brands fight trademark violations, counterfeits, and more. Our solutions include advanced monitoring technology, team expertise and proactive enforcement to help you fight against trademark infringement with quick, effective results. With Wiser Market, your brand will have a complete intellectual property protection solution, tailor - made to your intellectual property protection needs.