A trademark is a word, phrase, symbol or design that distinguishes the source of the goods of one party from those of others. Logos are a commonly trademarked asset, for example. You can apply for federal and state trademarks. In New York, trademark registration can last for 10 years plus any renewal periods.

However, there are two forms of fair use that may allow another party to use a trademark:

• Classic fair use: The defendant used the plaintiff’s mark to describe the defendant’s product or service, but the mark is descriptive in nature.
• Nominative fair use: The defendant used the plaintiff’s mark to signify the plaintiff’s own product or service, potentially in comparison to the defendant’s offerings.

Because the main purpose of trademark law is to prevent consumer confusion, a trademark can last forever. However, the trademark belongs to the party that first uses it – not necessarily the party that registers it.