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FAQs

FAQs

What is the life of a trademark in the US?

In the United States, the life of a trademark is potentially indefinite, provided it is properly maintained and renewed. Upon registration with the United States Patent and Trademark Office, a trademark initially lasts for 10 years. To keep such a mark active, however, a Declaration of Use (Section 8) must be filed between the fifth and sixth years after registration, confirming that the trademark is still in use in commerce.

Trademarks also need to be renewed every decade. This is done by submitting a Section 8 Declaration of Use and a Section 9 Application for Renewal. If these are not filed in a timely manner, the trademark will be cancelled.

The indefinite life of a trademark is based on its use in commerce and observance of renewal requirements. A trademark may lose protection if it is considered abandoned or not used, even before a scheduled renewal date.

Trademarks need to be policed to avoid misuse or infringement for the best protection. Proactive enforcement of trademark rights is one way to maintain their value and exclusivity over time.

One IBC USA provides professional support to enterprises to perform the renewal and follow-up on U.S. trademark matters. The company will provide full-service support from maintaining the trademarks' validity and developing businesses through brand recognition in the United States.