How long does a trademark last?
Trademarks can last indefinitely under certain conditions. Once properly registered, trademarks generally need to be renewed periodically. The first renewal, known as the Declaration of Continued Use, is typically due between the 5th and 6th anniversary of the filing. Subsequent renewals usually occur between the 9th and 10th year, followed by renewals every ten years thereafter.
At the five-year mark, if the mark has been consistently used, it is advisable to file a “Declaration of Incontestability” to obtain additional protection under trademark law. This declaration helps prevent others from contesting the trademark on common grounds, such as claims that the mark lacks inherent distinctiveness, is confusingly similar to a prior mark, or is merely functional rather than indicating the source of goods or services.