question.jpgIn Trademarks

How long does a federal trademark registration last?

A federal trademark registration lasts indefinitely. As long as the trademark owner continues to use the mark, and as long as the mark does not become generic, the trademark owner will continue to have rights in the mark. More specifically, a trademark owner must continuously use the trademark because a mark is considered abandoned if it is not used for a period of three consecutive years. If a trademark has been registered with the United States Patent and Trademark Office, appears on the Principal Register and has not been abandoned, the trademark owner must file certain documents on an ongoing basis, to ensure that the trademark remains on the Principal Register. In particular, in the sixth year after a trademark was registered, the owner must file an Affidavit of Use (also known as a Section 8 Affidavit) with the Patent and Trademark Office. Every ten years from the date the trademark was registered, the owner must file an additional Affidavit of Use as well as an Application for Renewal (also known as a Section 9 Renewal Application). As long as these various requirements are met, a federal trademark registration can last in perpetuity.