Trademark Renewal Period

The Complete Guide to Maintaining Your Brand Protection

Trademark is the best property of any person or businessman in maintaining his brand, product, or service from being infringed. A logo, slogan, or distinctive design – whatever it may be – a trademark enables you to maintain your identity secure and enables the customers to differentiate your products or services from others. But, like every other legal defense, trademarks also have an expiration date. In order to keep your trademark in a valid and legal state, you need to be aware of the time for renewing your trademark.

We will provide a day by day account to the calendar of the era of trademark revival, why you need it, how you approach it, and what are nearly completed in its makeover. We will provide some FAQs for refuting all myths on this precious topic.

What is the Trademark Renewal Period?

The duration of a trademark renewal is an important duration in which a trademark owner should re-register a trademark to allow it to be effective. Registered trademarks can never be perpetual. A trademark will typically acquire protection over the initial period—most often 10 years—and afterward, at times, must be renewed if one wants it to continue being protected.

Failure to meet the deadline of a trademark renewal will result in the trademark expiring, thus allowing the party to seek registration of the mark. It will result in loss of exclusive right over your brand and creating problems with regard to brand identity and confusion in the market.

Why is Trademark Renewal Necessary?

Renewal of a trademark is important due to numerous reasons:

1. Legal Right Protection: Renewal of the trademark still protects legal rights worth the trademark office. When you renew on time, your trademark goes out of style and no longer have rightful prohibition of other use of the same mark.
2. Avoid Genericness: A trademark, if not used and renewed perpetually in the long run, becomes generic and common. The moment that happens, the trademark is no longer distinctive and no longer legally protected and can be used by anyone by any corporation.
3. Brand Integrity and Recognition: Your company itself can even be your greatest intangible asset. Keep it in operation so that your brand image is set up and clients are assured that your products or services cannot easily be confused. A relatively younger mark is a reflection of your brand’s value and reputation.
4. Protection of Infringement: You re-register your trademark so that you do not permit your competitors or third parties from using a mark likely to cause confusion with your mark. Protection prevents infringing and distinguishes your brand in the marketplace.

How Long is the Trademark Renewal Period?

The term of renewal for trademarks differs from state in which the trademark is registered. The typical conditions for trademark renewals in states and regions differ as follows:

1. United States: Trademark is registered in United States Patent and Trademark Office (USPTO) for 10 years from date of registration. Renewal must be made on every 10 years for next 10 years and thereafter periodically. Renewals can be made from year 9th to year 10th.
2. European Union: EUIPO places the mark under the European Union for 10 years. The mark would then need to be registered in each cycle of 10 years so that it still shows on the status. Similar to USPTO but can be registered six months before the end date.
3. United Kingdom: The UK trademarks are registered for 10 years from the date of registration. Similar to the EU, the owner of the trademark must renew the trademark every 10 years so that it remains under protection. The renewals are carried out six months prior to the expiry date.
4. Canada: The Canadian registered trademark expires after 10 years. It must be renewed by its owner upon expiry so that it will again be protected for 10 years.
5. Australia: Similarly, trademarks are registered and protected in Australia in the above countries for 10 years from the date of registration. Owners of trademarks must renew trademarks every 10 years.

When Do You Begin Preparing to Renew Your Trademark?

Trademark owners are advised to begin arranging for renewal quite early before the expiry date. Renewal would be a time-consuming process so that all the procedures are being done with accuracy. This is how and when to prepare for renewal:

1. Set Reminders for Key Dates: You’ll have to recall when your time arrives to renew your trademark. Write it down on your calendar, remind yourself on the internet, and recall the renewal date so that you won’t forget when it’s your turn to renew.
2. Begin Early: You can begin half a year early before your renewal date of your trademark. Beginning early will also provide you with enough time for dealing with unexpected matters and thus avoiding last-minute rushes. Any trademark office would treat you extremely graciously if you renew your trademark early.
3. Ensure Continued Use: In nearly all jurisdictions, you have to show ongoing use in commerce. You do this by showing the mark is being used continuously on goods or services and not abandoned.
4. Prepare Necessary Documentation: Gather all the documents needed to be filed along with the renewal application. They are your original registration number, proof of ongoing use, and new information if needed.
5. Consider Professional Help: Not familiar with the process or the legal requirement from the legal perspective for the renewal, engage the services of a trademark lawyer or engage a trademark service to walk through the process.

The Trademark Renewal Process

Although the procedure may differ slightly state by state, the renewals process for a trademark is more or less the same everywhere across the globe. The following will probably renew your trademark:

1. Submit the Renewal Application: File a renewal application for your trademark to respective trademarks offices. You will be required to furnish information about your company and trademark.
2. Pay the Renewal Fee: There is a renewal fee per jurisdiction which may vary from office to the type of trademark. Remit the fee according to the circumstances so that the application is not delayed or rejected.
3. Submit Proof of Use (if required): Proof of use of the mark in commerce may be necessitated to be filed with trademark offices. Your advertisements or package copies may be needed.
4. Wait for Confirmation: The trademark office will then go ahead to examine the renewal application once it has been submitted. Therefore, when they are in turn next, they will grant the renewal and a fresh registration certificate, renewing your trademark protection to the next term.
5. Record Keeping: Have a photocopy of the renewal certificate and any letter that you send or receive from the trademark office easily accessible. It may come in handy someday if you ever do need to document your trademark rights.

Common Problems and How to Avoid Them

List of issues that may arise while you are in the midst of trademark renewal. News about such issues will allow you to proceed better through the process:

1. Missed Deadlines: The biggest error is that the trademark is not renewed in the appropriate time. Don’t get caught out by taking reminders and start in advance. It is easiest generally six months ahead of time inside the final deadline.
2. Failure to File Evidence of Use: In certain jurisdictions, evidence of ongoing use of the trademark must be filed. Be ready to provide evidence such as product packaging, ad copies, or other commercial use.
3. Incorrect Renewal Fees: Error in renewal fee payment will result in rejection or hold on processing your application. Properly pay the right fee per trademark office.
4. Changes in Trademark Information: Any modification of the trademark details or ownership (e.g., business address, ownership) has to be achieved through renewal. Otherwise, delay or issue will be incurred.

How AnalystIP Facilitates Trademark Renewal

At AnalystIP, we know that the process of trademark renewal is complex, especially renewal date. Our full range of services makes your trademark renewal a simple and hassle-free process so you enjoy protection and exclusive rights on your mark.

Our trademark renewal services include:

• Renewal Monitoring: We track your trademark renewal dates and remind you in advance so you don’t miss it.
• Order of Filing Organized: We submit the process for you, all paperwork and fees sent along with the proper trademark office in correct procedure.
• Assistance for Proof of Use: We assist with preparation and filing required proof of use for proof of use jurisdictions to be in good standing under trademark law.

Your trademark will remain in effect and protection of the brand in place when using AnalystIP.

Conclusion

Trademark renewal is a necessary process to maintain in order to continue to enjoy the benefit of your trademark being under protection. Understanding when the period of trademark renewal is, what to do and not to do in order to avoid traps can assist your trademark to remain useful and your business to benefit from the sole rights of trademark registration.

Having up-to-date renewal dates, tracking usage, and hiring the services of professionals when needed will close your brand name and lock long-term success.

FAQ:

Q1: How long does a trademark last before it needs to be renewed?

A1: A trademark expires after 10 years. It has to be renewed every 10 years so that it can remain under protection.

Q2: What happens if I miss the trademark renewal period?

A2: If you allow the renewal window to pass, your trademark will lapse and you will lose exclusive rights. There is sometimes a grace period in some jurisdictions in which you can pay to reinstate the trademark.

Q3: Can I renew my trademark early?

A3: Yes, you ought to be able to renew your trademark six months ahead at most trademark offices.

Q4: Is proof of use required during trademark renewal?

A4: Evidence of use in most nations will probably be required so that the trademark is kept in commercial use. This is done most commonly in the United States.

Q5: How do I ensure that I don’t miss my trademark renewal?

A5: You remind yourself, monitor your trademark expiration date, and utilize a trademark renewal service so you will never miss renewal due dates.