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Trademark Registration Benefits; How Long Do Trademark Rights Last?

Trademark Registration Benefits

    Registering and maintaining your trademark registration on the USPTO Principal Register, will provide you with several benefits and advantages, including, but not limited to the following:

• A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in association with the goods/services set forth in your registration;
• The ability to bring an action concerning the mark in federal court;
• The right to use the federal registration symbol ®;
• Public notice of your claim of ownership of the mark;
• The use of the U.S. registration as a basis to obtain registration in foreign countries;
• The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods;  and
• Listing in the United States Patent and Trademark Office’s online databases

How Long Do Trademark Registration Rights Last?

    One common question regarding trademark rights, is "how long do the trademark rights last?" 

a. The brief response, is as follows. 

    Assuming all affidavits and other documents are properly filed, the USPTO trademark registration term is 10 years and is renewable every 10 years. 

b. The not so brief response, is set forth below.

    In order for a USPTO trademark registration to remain valid, an Affidavit of Use (also known as a "Section 8 Affidavit") must be timely filed, as follows:

(1) between the fifth and sixth year following registration, and

(2) within the year before the end of every ten-year period after the date of registration. 

    Note, there is a grace period, however, timely filing is always preferred.  In addition, a "Section 9 Renewal Application" must be timely filed.  Such is due within the year before the expiration date of a registration (again, a grace period exists (with penalties/fees); however, timely filing is encouraged).

    Assuming that an Affidavit of Use is timely filed,    registrations (granted after November 16, 1989) have a 10-year term.

    With regard to renewals periods, renewals (granted on or after November 16, 1989) have a 10-year term.

   

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