How Long does a Trademark Last?

Before you register for a trademark or a copyright, it is important to know any stipulations, such as how long it will last.

According to the United States Patent and Trademark Office, trademarks do not have a definite end date attached to them. However, you need to file documents from time to time in order to keep the trademark going. Once you receive the initial trademark registration, you must follow these steps to ensure that the trademark does not expire:

• File a "Declaration of Use under Section 8" between the fifth and sixth year after the registration is issued.
• File a combined "Declaration of Use and Application for Renewal under Sections 8 and 9" between the ninth and tenth year after the registration is issued.
• After the initial filing of the "Declaration of Use and Application for Renewal under Sections 8 and 9," you must continue to file this form every 10 years.

As long as you continue to complete these various tasks, your trademark will not expire.

Trademark After Death

As stated in the aforementioned section, trademarks do not expire as long as the appropriate paperwork continues to be filled out. Trademarks often belong to companies and corporations; therefore, an individuals death is not always connected to the continuance of the trademark. Of course, if that is the case, the trademark would expire within 10 years of the person's death, since he or she would clearly not be able to file the paperwork.

In some cases, the rights to a particular trademark could be passed on to another person. However, as the United States Patent and Trademark Office notes, these cases vary and are not always the same. They suggest contacting an attorney to discuss your particular case.