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last revised Nov. 27, 2001

definitionspurpose scope acquisitionlifetime of protection legal standards

Lifetime of Trademarks

  • Span of common law protection:
    • As long as a mark is properly used
  • Span of federal registration protection:
    • Registration must be maintained by filing a declaration of use during the sixth year and renewal every 10 years
    • As long as registration formalities are complied with, trademarks are renewable for 10-year periods
  • Nature:
    • Commercial identifications such as words, designs, slogans, symbols and trade dress
  • Infringement standard:
    • Likelihood of confusion, mistake or deception as to source or sponsorship of a good or service
McCarthy on Trademarks §6:6A

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