How long can a trademark go unused?
Asked by: Prof. Mariano Kreiger | Last update: February 18, 2026Score: 4.7/5 (49 votes)
A trademark can be considered abandoned and lose legal protection after three consecutive years of non-use, creating a presumption of abandonment in the U.S., though the owner must demonstrate intent not to resume use to fully lose rights. While trademarks can last indefinitely with proper maintenance and use, failing to file required declarations of use (like Section 8 filings every 5-10 years) or show genuine commercial use for three years signals to the USPTO (United States Patent and Trademark Office) that the mark is effectively dead and available for others to claim, notes LegalZoom.
Do trademarks expire if not used?
Trademarks do not have expiration dates.
Trademarks last as long as they are used in commerce to brand products or services. Trademarks do not have expiration dates and do not expire after a set period of time, unlike patents and copyrights. So, any trademark can last as long as it is used to represent a brand.
What happens if I make a trademark and never use 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.
How long before a trademark is abandoned?
If you do not file your Statement of Use within three years after the Notice of Allowance, your application will be abandoned, and you will not be able to revive it. File your petition to revive no later than two months after the issue date of your Notice of Abandonment.
Can I use a trademark that has been abandoned?
If the mark has been abandoned for three to five years, odds are, you're in the clear. That's the span that the USPTO requires trademarks to be maintained, meaning if the proper paperwork hasn't been filed, it's potentially up for grabs.
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How to take over an abandoned trademark?
Yes, in many cases, an abandoned trademark application can be revived by filing a Petition to Revive if the abandonment was unintentional. The petition must explain the reason for missing the deadline and include the appropriate filing fee.
What is the grace period for trademarks?
A six-month grace period is available. So you have only 6 months if you missed, for example, a Section 8 statement of continued use of the trademark on the goods/services identified in the registration. Additional government fees will apply.
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.
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.
What is the difference between abandonment and withdrawal?
Think of it this way: withdrawing your application is like resigning from a job on your own terms, whereas having your application abandoned or refused is like being fired. Clearly, resigning is a better option. This keeps the end of your application process clean and intentional.
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 rule 37 of trademarks?
Further, Rule 37 of Trade Marks Rules, 2017 states that an applicant for registration of a trademark may, whether before or after acceptance of his application but before the registration of the trademark, apply in Form TM-M accompanied by the prescribed fee for the correction of any error in or in connection with his ...
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.
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.
How to check if a trademark is still active?
Use our online Trademark Status and Document Retrieval (TSDR) system to check your status and view and download documents. In the search box, enter your application serial number or registration number and select the Status or Documents buttons.
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.
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 I trademark a name myself?
Unlike surnames, personal names (first names and first names used with last names) can act as trademarks without proof of secondary meaning because they are considered to be inherently distinctive.
Can I use brand registry without a trademark?
To enroll a brand in Brand Registry, your brand must have an active registered trademark or a pending trademark registration.
What names to avoid for LLC?
You should avoid LLC names that are misleading, offensive, too similar to existing brands, or use restricted words like "Bank," "Trust," or "Insurance" without proper licensing; also steer clear of implying government affiliation or illegal activity and names that are hard to spell or remember, as these can cause legal issues, confusion, or hinder branding.
Is it better to trademark a name or logo?
Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself. With their generous set of rights, standard character marks allow you to preserve near-complete control over your business name.
What do you call yourself if you own an LLC?
If you own an LLC, you are legally called a Member, but you can use various public-facing titles like Owner, Managing Member, CEO, President, or Founder, depending on your role, state rules, and desired image, as long as it's not misleading and aligns with your operating agreement.
What happens if I don't renew my trademark?
Unlike copyrights and patents, trademarks don't have a fixed expiration date—but that doesn't mean they last forever. If you fail to renew on time, the United States Patent and Trademark Office (USPTO) will cancel your registration, making it available for anyone else to claim.
What is a Section 7 request for trademark?
Section 7 Request
Correcting Errors: If there is an error in the trademark registration due to the fault of the USPTO or the registrant, such as a typographical mistake, you can request correction. If the USPTO made the error they will not charge you. Otherwise, there may be a fee.
How do I trademark a slogan?
Yes, you can trademark a phrase, tagline, or catchphrase for your brand by registering it with the United States Patent and Trademark Office (USPTO). To qualify, your phrase must be distinctive, non-generic, and used in connection with commercial goods or services.