How long does a trademark last?
In South Carolina, trademarks are protected by state and federal laws. A trademark is a sign, design, or expression that identifies and distinguishes the source of goods or services. Trademarks last indefinitely, provided they remain in use and are properly maintained and enforced. It is important for the owner of the trademark to consistently use it and also take steps to protect it from infringement by others. Though trademarks do not have an expiration date, they may become abandoned if the owner of the trademark stops using it for an extended period of time, or fails to renew the trademark registration. If the owner of the trademark does not take action to protect it and other businesses use it, then the trademark may become “genericized". When this happens, the mark no longer identifies a single source, and the original owner loses exclusive rights to it. When used properly, trademarks remain effective and enforceable indefinitely. The owner of the trademark must take all necessary steps to protect the mark and show evidence that they are actively using it in order to prevent abandonment. They must also take steps to prevent infringers from using the mark. If the trademark is properly maintained, it can be a valuable asset to the business for years to come.
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