Do trademarks expire like copyrights?
Asked by: Halie Denesik | Last update: February 5, 2026Score: 4.9/5 (58 votes)
No, trademarks don't expire like copyrights (life of author + 70 years); instead, they can last forever as long as they're actively used in commerce and renewed periodically, typically every 10 years with the USPTO, by filing specific forms and paying fees to keep the registration active and prove ongoing use. Failure to use or renew on time leads to cancellation, making the mark available for others.
How long does a trademark expire?
How long do trademarks last? The length of a federal trademark registration term is 10 years, but trademarks can potentially last indefinitely. Unlike patents and copyrights, trademarks do not expire after a set period of time.
Is it better to get a TM or a copyright?
Neither trademark (TM) nor copyright is inherently "better"; they protect different things, so the best choice depends on what you're shielding: trademarks protect brand identifiers (logos, names, slogans) for infinite duration with use, preventing consumer confusion, while copyrights protect original creative works (books, art, music, code) for life plus 70 years, preventing unauthorized copying. Often, you need both, like a trademark for your company logo and copyright for the artwork within that logo, to fully protect your brand and creative assets.
What is the lifespan of a trade mark?
What is the Lifespan of a Trade Mark? A registered trade mark can be protected forever, provided it is renewed every ten (10) years upon payment of the prescribed renewal fee.
How long can you hold a trademark without using it?
Under both federal law and in New York courts, a trademark is presumed abandoned after three consecutive years of non-use. That signals the mark no longer identifies your business. If you stop using it, others can step in, register it, and use it. Your legal protection disappears.
Trademarks and Copyrights for Your Brand
Is it better to trademark or LLC?
An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business.
Can I buy a dead trademark?
When a trademark is “dead,” it means that anyone can use it without fear of legal repercussions from the original trademark owner. A Dead Trademark is generally available for anyone else to register, making it an opportunity to take ownership of an old, inactive logo or phrase.
What is the oldest trademark still in use?
Meet Samson: A Trademark with Staying Power
The honor of the oldest U.S. trademark still in continuous use belongs to a mark first registered in 1884.
How much does it cost to trademark?
A federal trademark costs a base fee of $350 per class to the USPTO, plus potential surcharges for complex applications (like using free-form text), totaling around $350–$850 for basic filings, but can increase significantly with attorney fees (often $1,000+) and ongoing maintenance fees (e.g., $225-$525 every 5-10 years). Costs vary based on filing method (TEAS), the number of goods/services classes, and if you hire a lawyer.
Is Taylor Swift's name trademarked?
Yes, Taylor Swift has trademarked many aspects of her brand, including her name, album titles, song lyrics, tour names, and even her cats' names, to control commercial use, prevent unauthorized merchandise, and maintain brand integrity, protecting everything from music to apparel and digital content across numerous countries. Her proactive strategy involves trademarking common phrases like "This Sick Beat," tour titles like "The Eras Tour," and even unique terms like "Swiftmas" and "Taylor-Con," securing control over her extensive creative output and brand extensions.
Can someone steal my logo if it's not trademarked?
If your logo is registered with the USPTO (U.S. Patent and Trademark Office), you have a strong legal foundation to stop others from using it. But even without registration, you may still have common law rights if you've been using the logo consistently in commerce.
What is the 3 month rule for copyright?
The "copyright 3 month rule" refers to a key deadline for U.S. copyright registration: you must register your work within three months of its first publication (or before infringement begins) to be eligible to claim statutory damages and attorney's fees in a copyright infringement lawsuit, which can be crucial for remedies beyond just an injunction. Failing to meet this deadline means you generally can only sue for actual damages (harder to prove) if infringement occurs, but registration is still vital for other benefits and to sue at all, notes Donahue Fitzgerald LLP and Cotman IP.
What names cannot be trademarked?
You can't trademark names that are generic (like "Coffee" for coffee), merely descriptive (like "Fast Shipping" for delivery), misleading, or that use official government symbols or names; surnames are difficult unless widely recognized, and offensive terms are generally prohibited, all to keep common language and essential product descriptors open for public use.
Can you lose a trademark if you don't use it?
Non-use: You can't keep a trademark that you don't use. In the United States, if you fail to use a trademark in any way for three consecutive years, the United States Patent and Trademark Office (USPTO) will consider it abandoned.
What are the three types of trademarks?
Federal Mark, State Mark, and Common Law Mark
The U.S. recognizes three different legal forms of a mark. Federal marks are marks registered with the United States Patent and Trademark Office (“USPTO”). USPTO marks protect specific goods or services throughout the entire United States and its territories.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
Can I trademark a logo myself?
You can file a trademark application yourself through the government's website, and it's the cheapest option at $350.
Should I get a trademark or LLC first?
For most businesses, form your LLC first to establish a legal owner for your brand, then apply for a trademark under the LLC, but always conduct a trademark search before forming the LLC to avoid costly rebrands if the name is already taken. The LLC provides liability protection and a legal entity to own assets like trademarks; however, you need to know the name is clear before registering the LLC.
What are common trademark mistakes?
Common trademarking mistakes include, but are not limited to: Poor choice of brand name. Your business name should resonate with your target customer and express what you do using a strong, memorable image or word. Failing to perform a complete search of trademark databases.
What is the most valuable trademark?
- Google. In the first place, we've got Google, with its extensive portfolio of trademarks that are integral to its core services and products. ...
- Amazon. ...
- Microsoft. ...
- Visa. ...
- Alibaba. ...
- Tencent. ...
- 7. Facebook.
What would Jesus do trademark?
Recently, Tyler Perry won the right to trademark “What Would Jesus Do.” There are a couple of points I'd like to make about this story. First, some of the media coverage has suggested Tyler Perry can now stop Christians from wearing the popular WWJD bracelets. This is not true.
Which company has never changed their logo?
2. Twinings (Since 1787) Twinings is Britain's oldest tea company and one of the world's most well-known tea brands. Founded in 1706 by Thomas Twining, the company created its iconic logo in 1787.
Can I claim an abandoned trademark?
Once a trademark is truly abandoned, the original owner usually cannot get it back. They have only two months after the USPTO declares the trademark abandoned to file a petition to revive it, or up to six months if they can prove they never received the abandonment notice.
Can you inherit a trademark?
In the absence of a specific bequest of the trademark property, it will pass with the residuary estate according to the will. If the trademark owner died intestate with no will, the trademark property will pass via the state's laws of intestate succession.
Can I trademark without a lawyer?
No, a U.S.-based applicant isn't legally required to use an attorney to file a trademark, but it's strongly recommended because the process is complex, and mistakes can lead to rejection or weak protection. An attorney handles crucial tasks like trademark clearance searches, class selection, responding to Office Actions, and ensuring proper legal arguments, significantly increasing the chances of approval and providing better overall protection, though foreign applicants must use a U.S.-licensed lawyer.