Do trademarks expire?

A: If you have registered a trademark in New York, and would like to know whether your trademark will expire, the answer is YES, trademarks do expire. According to the United States Patent and Trademark Office (USPTO), "for a trademark registration to remain valid, an Affidavit of Use must be filed: 

1. Between the 5th and 6th year following the registration; AND
2. Within the year before the end of every 10-year period after the date of registration." 

All trademarks that were granted prior to November 16, 1989 are valid for a 20-year term, while those filed after that date are valid for a 10-year term. The same is true for the renewal periods. Renewals granted prior to November 16, 1989 have a 20-year term, and renewals granted after that date have a 10-year term

To renew your trademark in New York, you must file a renewal application within the year before the expiration date of registration, or within a grace period of 6 months after the expiration date. If you do file within the grace period, you will have to pay an additional fee.

If you have questions regarding the expiration of your trademark in New York, you can get the professional advice of a New York business attorney.

Offering expert help in New York, New Jersey and nationwide, New York business attorney Charles N. Internicola is ready to answer your questions about franchise, national and international trademarks, and any critical business matters that may arise. Contact us today - 1-800-976-4904  

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