How long does a trademark last?

Under Art Law in Ohio, a trademark can last indefinitely, provided that it is actively used in business transactions. Generally, once a trademark is established, it is protected for a period of ten years from the date of registration. After the initial ten-year period, the trademark must be renewed every ten years for as long as the owner continues to use it. To maintain the benefits of a trademark, the owner must use it in connection with a product or service that is actually sold in commerce. If the owner fails to do so, then the trademark may become vulnerable to cancellation or opposition by a third party. This means that a third party may have a right to use the trademark if it finds that the owner has not been using it correctly or has been idle in its use. It is important to remember that trademarks are not immune from the passing of time. A trademark can become “generic” if the public stops associating the mark with a particular product or service. In this case, the trademark may no longer be protected and may be subject to cancellation or opposition. By actively using a trademark, an owner can ensure that it will remain protected for a long period of time, and can help prevent a third party from attempting to exploit it.

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