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Trademarks FAQsHow long does a trademark registration last?
The registration is valid as long as you timely file all post registration maintenance documents. You must file a “Declaration of Use under Section 8” between the fifth and sixth year following registration. In addition, you must file a combined “Declaration of Use and Application for Renewal under Sections 8 and 9” between the ninth and tenth year after registration, and every 10 years thereafter. If these documents are not timely filed, your registration will be cancelled and cannot be revived or reinstated. For more information see Maintain/Renew a Registration.
So my question is about what happens to the trademark after it has lapsed.
If a company sells the rights to its name to someone else then it would seem okay for new owner to renew the trademarks.
But if trademarks simply expire it seems like they should go into the public domain. If someone scoops up expired trademarks and registers them as their own that seems like someone copyrighting a book which is already in the public domain. Charles Dickens' copyrights have expired. I couldn't resubmit his work and copyright it myself.
Seems like anyone should be able to use expired trademarks for their nostalgic projects and no one person should be allowed to own the trademark again. But looks like I may be wrong.
So my question is about what happens to the trademark after it has lapsed.
If a company sells the rights to its name to someone else then it would seem okay for new owner to renew the trademarks.
But if trademarks simply expire it seems like they should go into the public domain. If someone scoops up expired trademarks and registers them as their own that seems like someone copyrighting a book which is already in the public domain. Charles Dickens' copyrights have expired. I couldn't resubmit his work and copyright it myself.
Seems like anyone should be able to use expired trademarks for their nostalgic projects and no one person should be allowed to own the trademark again. But looks like I may be wrong.