How Long Is a Trademark Valid?
Trademarks distinguish one person's or company's goods and services from everyone else's and are registered to protect infringement on the bearer's rights. It is imperative to keep trademarks valid and maintain proper registration.
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Term of Registration
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Once you have a trademark approved and are given a trademark number, you will need to file an Affidavit of Use between the fifth and sixth year after initial registration. Additionally, you will need to file the Affidavit of Use for an additional 10 years in the year before each 10-year period ends.
Pending vs. Granted
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Trademarks terms start at the date of approval of the trademark and not the date of application. This is a process that can take more than two years in order to be certain that there is no crossover that infringes on another company. In this process, the trademark is "pending." When it is approved, it is deemed "granted," starting the official period of registration.
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Objections
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When applying for a trademark, others will have the opportunity to file an objection stating the reasons this may infringe on their own trademarks and business. Objections need to be filed within 30 days in the Trade Marks Journal to be considered a formal objection.
Grandfathered Terms
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While current trademark registrations are good for a 10-year period, registrations approved prior to November 16, 1989, are good for a 20-year period.
Attorneys
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Because of the mass of data and channels needed to be certain your trademark has no infringement issues, it is best to consult with a trademark and patent attorney who specializes in this field. There is nothing worse than finding yourself in a legal battle after spending the time and money establishing your brand.
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