When a trademark is registered by an intellectual property office, the mark will be given a specified validity, which usually ends 10 years from the date the mark was registered. Upon expiry of a registered mark, owners can seek trademark renewal. It is advisable to enlist the assistance of a professional consultancy firm or licensed attorney to conduct trademark renewal on your behalf as it can be a complex process to complete.
Trademark renewal explained
As mentioned, a registered trademark will usually have a 10-year validity period, however, not all jurisdictions employ the same regulations regarding registered trademark validity and the grounds for renewal. It is therefore important that you are fully aware of the obligations in place in your selected country to ensure that you use your mark in line with the provisions and qualify for renewal when the time comes.
Process of trademark renewal
Generally, 6 months prior to the expiry of a registered trademark, the appropriate intellectual property registry will inform you that you must apply for renewal in order to keep the trademark registered. Without renewing your mark, it will disappear from the official trademark database and the owner will lose exclusive rights to the mark.
Conditions for trademark renewal
There are certain conditions that must be satisfied in order to qualify for trademark renewal and these conditions will vary from one jurisdiction’s trademark registry to another. Usually, the requirements for owners to follow include using the mark within 3 years from the date of registry, and using the mark in a commercial capacity. Essentially, a trademark must be used in good will, in accordance with the relevant trademarks act and it must be used for a specified period of time, otherwise renewal can be refused on grounds of non-use or non compliance.