Unlike patents, trademarks can live forever. Patents (like the one for the Ouija board's mechanism) die after about 20 years. Trademarks (like the one for the Oujia brand name) can last forever, provided you keep using them and file the necessary maintenance documents with the USPTO.

A trademark is the only major IP registration that can be renewed indefinitely. This perpetual life is why names like Ouija or Universal Monsters are still highly valuable business assets a century later.

The only magic you have to work to keep the rights alive is to submit your maintenance documents and fees when they’re due, which is at 5 years, 10 years, and every 10 years after that. As the renewal talisman, you have to show examples of the mark in use with the goods or services it’s registered for.

The catch? You must actively use and police your mark. If you stop using it, or if you stop enforcing it against infringers, your mark can become an abandoned "ghost brand."

I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.

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The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.

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