This is a guest post by Cliff Hyra of Hyra IP.  He also has a personal blog with tons of great insights on patents, Patents 101.

A trademark is anything used in commerce to distinguish the products or services of one company from those of others. Logos, brand names, and slogans are common examples of trademarks. Under U.S. law, trademark rights arise when the trademark is first used in commerce, and continue as long as the trademark continues to be used in commerce. Thus, trademark rights can last indefinitely.

Many famous trademarks, such as Coca-Cola, Budweiser, the Bass logo, and Nestle have lasted for over 100 years. Trademark rights generally cease only when the trademark is abandoned and no longer used.

Federally Registered Trademarks

Federal trademark registrations are governed by additional rules. Placing a trademark on the federal trademark register at the United States Trademark Office bestows many additional benefits on the trademark owner, for example the right to exclude others from using a similar trademark anywhere in the country.

However, to keep the benefits of a registered trademark, the trademark owner  must abide by the requirements of the Trademark Office. These requirements include the obligation to file a renewal application every ten years and to verify that the mark continues to be used in connection with the products and services listed on the trademark register.

Thus, a trademark registration lasts for ten years, at which time it must be renewed. If regularly renewed in a timely fashion, the trademark registration can last forever. Please note that there are some additional requirements during the first ten-year term of a trademark registration which also must be satisfied for a trademark owner to continue enjoying the benefits of registration. Please review the requirements carefully and contact a trademark attorney to aid you in ensuring that you meet all of the relevant dates.

Other Ways Trademark Rights Can Be Lost: Genericity, Failure to Enforce, Authorizing Uncontrolled Use

Trademark rights can be lost under some circumstances other than abandonment or failure to meet official filing requirements. For example, trademark rights are lost when a trademark becomes generic, and is used to identify a certain category of products or services, rather than those of a certain company.

Examples of trademarks that became generic include Aspirin, Cellophane, Crock Pot, Dry Ice, Escalator, Trampoline, and Zipper. Each was originally a trademark used only on the product of a certain company, but was so popular that it became known as the generic name for any similar product.

As a result, the original trademark owners are no longer able to prevent their competitors from using the same words in connection with their own products. “Genericide” is the colorful term used to describe the process of losign trademark rights due to genericity.

You can also lose your trademark rights by failing to enforce your trademark against known infringers or by allowing others to use your trademark without controlling the quality of the products or services they provide under your mark.

Summary

Continue to use your trademark in commerce and your trademark can last forever. But to maintain your federal trademark registration, you must renew every ten years and take other steps required by the Trademark Office. Genericity, failure to enforce your trademark rights, and failing to control the quality of authorized users of your mark can also lead to premature loss of trademark rights.