How long does a trademark last?
A trademark is a type of intellectual property right that protects the exclusive use of a certain name, logo, or slogan. This right lasts as long as the trademark is used by the owner in commerce and is actively enforced. In New York, a trademark can last indefinitely if the owner properly maintains their registration and complies with filing requirements. For example, a trademark registration should be renewed every ten years with the United States Patent and Trademark Office and the owner should demonstrate that they are still using the mark in commerce to keep the mark alive. If the trademark is not used for three or more consecutive years, then it may be deemed abandoned and could be at risk for cancellation. In addition, trademark owners should also be aware of the legal use of the mark by third parties, who may try to register or use a similar mark in commerce. If a third party uses a similar mark in a way that could confuse consumers into believing it is affiliated with the original mark holder, then the trademark owner has the right to challenge the third party’s use in court. This is an important part of maintaining the registration of a trademark. Overall, a trademark in New York can last indefinitely if it is properly maintained and the owner takes the appropriate steps to protect the mark against any potential infringements from third parties.
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