Common Law Trademarks & How Long Do They Last?

These trademark rights will last as long as the mark is in use in commerce, and therefore can potentially be perpetual. There are well-known marks, such as Coca-Cola, which is one
hundred and twenty-nine years old.

What is the term of a U.S. federal registration

The term of a U.S. federal registration is currently 10 years. Registrations are renewable for additional 10-year periods, provided the mark is still in use. The renewal fee for a U.S. registration is currently $400 per class. As long as the mark is in use on the goods or services claimed in the registration, there is no limit to how many times the registration can be renewed.

What is a Section 8 Affidavit?

Also, federal trademark law provides that a federal registration will be cancelled six years after
issuance unless the registrant files a sworn statement (called a “Section 8 Affidavit”), together
with a specimen, affirming that the mark is still in use. The Section 8 Affidavit must be filed
between the fifth and sixth anniversaries of the registration date, and the filing fee is currently
$100 per class. A Section 8 Affidavit must also be filed at the time of each renewal as well (in
effect increasing the renewal fee to $500).

Section 8 Affidavit time frame

Moreover, at or after the time the first Section 8 Affidavit is filed, if the registrant can also establish that the mark has been in continuous, exclusive, and uncontested use for a period of at least five years, Section 15 of the Trademark Act provides that the registration shall be deemed
legally “incontestable” – yet another advantage in the event of litigation. The current filing fee
for the Section 15 Affidavit is $200 per class. Incontestable status is not, however, quite as
strong as sounds – even an incontestable mark is still subject to challenge by someone who can
show earlier use of a conflicting mark.

State Registration Process

State registrations vary in length from state to state, but typically last either five or 10 years.
Application and renewal fees are generally low – under $100.[/vc_column_text][/vc_column][/vc_row]