How Long Does A Trademark Last
When you invent something or discover something or start something new, you want the world to know that the genius mind behind this was yours and you want to get all the acclaim! This is totally justified and that is why we have the system of patents and trademarks! Once you do get your product trademarked you automatically think how long does a trademark last? Usually the correct answer to this question is that the trademark lasts for 10 years! That’s right! This is how long does a trademark last.
But first we need to inform you that if you got the your trademark registered before July of 2010 then it falls under the Trademark act of previous session but if you got it registered after July 2010 then your ten years will start counting from that date only! If the limit of your trademark is reaching an end then there is no need to panic! Just 10 years is not how long does a trademark last, you can get it renewed as many times as you want for next ten years! So you can have it renewed every ten years and keep one for your entire life without going through so much trouble!
Sometimes you might come across issues bigger than how long does a trademark last like someone filing a petition against your trademark and challenge it legally. You might fall victim to such people and the court can give order against you making you give up on your trademark. Other ways that will cause the annulment or nullifying of your trademark include inactiveness of the use of trademark for about 5 years! If the court finds out that you haven’t used your trademark for last 5 years and someone challenges it and wants to acquire it from you, then you will have to give it up. So better keep it active if you don’t want to give up on it.
The difference between copyrighting, patenting and trademarking is that there is no time limit to owing the trademark. You can use it throughout your life. The first 10 years since the day you filed the registration documents are easily how long does a trademark last but if you want to extend it after 10 years then you can get it renewed again! But in many cases, during the 5th to 6th year, the court requires you to file a testimony which testifies that the trademark is still active and is being used as per stated in the registration documents. The registration of the trademark can get annulled once the deadline passes and neither will anyone remind the owner to renew the validation of the trademark, the duty directly falls onto the owner.
10 years is the time that how long does a trademark last but there is also a time that it takes for the registration documents to be processed and approved. In the general conditions the person submitting the registration documents will get a receipt right away but the initial response from the organization named US Patent and Trademark Office (USPTO) will take at least 3 months. Then the processing of papers will take approximately 6 to 11 months. In many conditions it can even take up to a year! But keep legal technicalities as less as possible to get your trademark registered quickly!
