Trademarks are one of the most valuable assets a business can own. They provide legal protection for brand names, logos, slogans, and even unique product packaging. Whether you’re running a restaurant, launching a new food brand, or expanding a chain, securing a trademark ensures that your brand identity remains protected from competitors. But a common question many business owners have is: how long do trademarks last? The answer is more nuanced than a simple expiration date. Trademarks can last indefinitely, provided they meet specific legal requirements and maintenance obligations. In this article, we’ll break down everything you need to know about the lifespan of a trademark, how to keep it active, and what could cause it to expire.

Understanding Trademark Duration

Unlike patents and copyrights, which have fixed expiration dates, trademarks do not have a set term limit. Instead, they can last indefinitely as long as they continue to be used in commerce and proper renewal filings are submitted to the United States Patent and Trademark Office (USPTO) or the appropriate trademark authority in other countries. This is because the purpose of a trademark is to distinguish the source of goods or services, and as long as a business continues to use and enforce its mark, the protection remains valid.

Federal Trademark Registration: The Initial Term

When you register a trademark with the USPTO, the initial registration period lasts ten years from the date of registration. However, there are critical maintenance filings that must be submitted during this period to keep the trademark active.

The most important milestone occurs between the fifth and sixth year after registration. During this period, the trademark owner must file a Declaration of Use (also known as a Section 8 Affidavit), proving that the trademark is still in active use. Failure to file this document can result in the cancellation of the trademark.

If the Declaration of Use is properly filed, the trademark remains in force for the remainder of the ten-year term. At the end of this period, the trademark owner must file a renewal application (a Section 9 filing) to extend the trademark’s protection for another ten years.

Trademark Renewal: Keeping Your Trademark Active

As long as a trademark owner continues to file renewal applications every ten years and maintains active use of the mark in commerce, the trademark can last indefinitely. This means that well-known brands that have been around for decades, like Coca-Cola, McDonald’s, and Starbucks, still hold valid trademarks that are periodically renewed.

To successfully renew a trademark, the following requirements must be met:

• The trademark must still be in use in commerce for the goods and services specified in the registration.
• A renewal application (Section 9) must be filed within the year before the expiration of each ten-year term.
• The owner must submit a declaration of continued use and provide proof that the trademark is still being used.

If a business fails to meet these renewal obligations, the USPTO will cancel the trademark, and the rights associated with it will be lost.

What Causes a Trademark to Expire?

Even though trademarks can last indefinitely, there are several reasons why they might expire or be canceled:

Failure to File Maintenance Documents

The most common reason a trademark expires is the failure to submit the required maintenance filings. As mentioned earlier, if a Declaration of Use is not filed between the fifth and sixth year after registration, or if the ten-year renewal is missed, the USPTO will cancel the trademark.

Non-Use of the Trademark

Trademark law requires that a mark be actively used in commerce to maintain its legal protection. If a business stops using its trademark for an extended period (typically three consecutive years), it may be considered abandoned. If a third party challenges the registration and proves non-use, the USPTO can cancel the mark.

Genericide: Losing a Trademark Due to Public Usage

A lesser-known way a trademark can lose its protection is through genericide—a process where a brand name becomes so commonly used that it no longer functions as a trademark. Examples of brands that have lost trademark protection due to genericide include Aspirin, Escalator, and Thermos. To prevent this from happening, companies often take legal action to correct improper usage of their brand names in public discourse.

The Role of Trademark Monitoring and Enforcement

Securing a trademark is only the first step in protecting your brand. Active monitoring and enforcement are essential to ensuring your rights remain intact. Trademark owners should regularly check for potential infringements, including businesses using similar marks that could cause consumer confusion.

Some ways to monitor and enforce trademark rights include:

• Conducting periodic searches to identify unauthorized use of the mark.
• Using watch services to track new trademark applications that may be too similar.
• Sending cease-and-desist letters to businesses infringing on your mark.
• Taking legal action if necessary to prevent dilution or unauthorized use of your brand identity.

By staying vigilant, trademark owners can prevent others from weakening their brand’s distinctiveness and ensure that their trademark remains valuable for years to come.

What Happens If a Trademark Expires?

If a trademark expires or is canceled due to non-renewal or non-use, there are several potential outcomes depending on the circumstances. In some cases, the mark may become available for other businesses to register and use. However, if a business can demonstrate continued use or files a petition to reinstate the mark, there may be options for regaining rights to the trademark.

Some possible options for recovering a trademark include:

• Reapplying for Registration: If the mark has not been taken by another party, the original owner may be able to submit a new application for trademark registration.
• Filing a Petition to Revive: If a trademark was canceled due to an administrative error or unforeseen circumstances, the owner may be able to file a petition to reinstate the mark.

While losing a trademark can be a setback, businesses that act quickly and strategically may be able to reclaim their brand identity before competitors take advantage.

Final Thoughts

Trademarks are designed to last as long as they remain in use and are properly maintained. Unlike other forms of intellectual property, they do not have a fixed expiration date, making them an invaluable long-term asset for businesses. If you own a restaurant or food brand, keeping track of renewal deadlines and ensuring continued use of your mark is essential for maintaining trademark protection.

By staying proactive and filing required maintenance documents on time, you can ensure that your trademark remains valid for decades, just like some of the world’s most famous brands.