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In the United States, a registered federal trademark can last forever, as long as the owner fulfills the maintenance and renewal obligations as dictated by the United States Patent and Trademark Office (USPTO).

The registration of a trademark is valid for 10 years from the date it was registered. But for the trademark rights to be continued, the owner must submit:

  1. Section 8 Declaration of Continued Use – This must be submitted between the 5th and 6th year of registration. The owner must show that the trademark is being actively used in trade; otherwise, the USPTO may cancel the registration.
  2. Section 9 Renewal Application – This must be submitted every 10 years from the 9th year of registration and then every subsequent 10 years.
  3. Optional: Section 15 Declaration of Incontestability – in case the trademark has been continuously used over the last five years, it can be filed for incontestability, an aspect that provides more legal potency by limiting how the trademark will be challenged.

If these deadlines for maintenance and renewal are not adhered to, the trademark registration may be cancelled. In the event of this, the owner must reapply, possibly losing legal protection in the interim period.

State trademarks may have different validity time frames and requirements for renewal, depending on the state.

By following USPTO filing guidelines, a U.S. trademark may be valid for perpetuity, with ongoing protection of the brand and exclusive rights to the mark.

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