Trademarks: How long do they really last?

| Dec 4, 2020 | Blog |

If you’re starting your own business in Florida, then you’re likely concerned about your intellectual property, especially within the area of trademarks. Business owners want to know when their trademark is no longer protected by law. After all, your logo or catchphrase is how your customers know who they are shopping with. The short answer to that question is that it will last as long as the company uses it. However, there are many more details regarding this issue. The following includes further information on trademark duration and other details about them.

How long does a trademark last?

One of the reasons business owners question how long a trademark lasts is because other intellectual property protections such as patents and copyrights do, in fact, expire. However, once the United States Patent and Trademark Office registers your trademark within their books, it is yours to use until you stop using it. Below you will learn additional information critical to the continuing protection of your trademark.

Ten-year mark

Although there is technically no expiration date for your trademark, the USPTO does require a business to prove that it is still using the trademark at the 10-year mark. This means providing proof such as current documents showing the trademark and photos of the trademark being used within your business. It should be noted that a trademark does not make you the owner of your logo or wording, but rather it provides you with the ability to tell others that they cannot use it.

Although the law is clear on how a trademark can be used and how long it can be used, there are times when another business may challenge your ownership of it. You may want to consult an attorney who is experienced in trademark law.

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