How Long Does a Trademark Last and Why Should I Register One?

by | Jan 15, 2023 | Blog

When it comes to protecting your business and its products, trademarks play a crucial role. But how long does a trademark last, and why should you register one? In this article, we’ll look at the basics of trademarks, their importance in protecting your brand, and how long they can stay active. Read on to learn more about trademarks to protect your business!

What is a Trademark?

A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, or design that identifies and distinguishes the source of a service rather than goods. The term “trademark” is often used to refer to both trademarks and service marks.

How Long Does a Trademark Last? Federal Trademark Renewal

A federal trademark is valid for ten years from the date of registration and is renewable for another ten years. The registrant must file an affidavit stating that the mark is still in use between the fifth and sixth years following the registration date. The registrant must remember this date since the registration is canceled if no affidavit is provided. The registrant must remember to do so because the United States Patent and Trademark Office (USPTO) does not provide reminders.

A registration may be valid for an indefinite number of successive ten-year periods if the owner follows the legal criteria for post-registration maintenance and renewal, including timely filing of all required paperwork.

How Long Does a Trademark Last? Florida Renewal

Trademarks in Florida must be renewed every five years. Renewal applications and costs must be submitted at least six months prior to the renewal deadline.

A Florida trademark registration limits protections to the state’s borders. However, if your company predominantly operates inside the state or area, this degree of protection is likely sufficient. A local newspaper, for example, may not need its name to be protected outside the state since outside infringement is so unlikely to occur or create substantial harm.

If your brand requires further safeguards and is used (or will be used) in interstate commerce, consider registering it at the federal level with the USPTO. Federal registration provides protection across all 50 states and access to the Trademark and Appeal Board (TTAB), which makes decisions on such issues.

Why Should I Register?

There are many benefits to registering a trademark, including:

Protection from infringement. If you have a registered trademark, you have the legal right to stop others from using it without your permission. This can help you protect your brand and maintain your competitive edge.

Increased brand awareness. A registered trademark can help make your brand more recognizable and memorable. This can lead to increased sales and customer loyalty.

Enhanced credibility. Having a registered trademark can give your business an air of professionalism and legitimacy. This can help you attract new customers and partners.

Greater peace of mind. Registering your IP can give you peace of mind knowing that your brand is fully protected. This can allow you to focus on running your business without worrying about infringement issues.

Conclusion

Protecting your business’s intellectual property is essential to ensuring its success. One way to do this is through the registration of a trademark. Knowing how long a trademark lasts and the process of registering one can help you protect your brand moving forward. The benefits far outweigh the cost and time associated with registration, so it’s definitely something to consider if you are looking to safeguard your original ideas and creations.

Do you need assistance registering or protecting your IP? The Saltiel Law Group will help you throughout the process so that you may conduct business without fear of others misusing your intellectual property. Contact us today to schedule a consultation.