In case your brand or trademark registration isn’t renewed, you risk serious problems for your business and your intellectual property rights. A trademark is the attribute which sets your company apart from others.
It also helps prevent others from committing fraud or contravening the owners’ rights regarding their trademarks. Not doing trademark renewal will lose the mark’s protection and may harm commercial opportunities.
Meaning of Trademark Renewal
Trademark renewal will be the extension of the registration period of an existing trademark past its initial term. Trademarks are registered for a short period, typically 10 years. The owner then must renew the registration to keep its exclusive rights to the trademark.
The documents and costs to renew a trademark must be submitted with the trademark office before the registration expires. Failing to renew the trademark within the recommended period could lead to loss of exclusive rights, enabling other people to use the trademark with no limitation and perhaps devalue the trademark in the market. Trademarks generally last about ten years. Afterwards you have to renew to keep the rights.
The paperwork and money must be presented at the trademark office before it expires to renew. If you do not renew on time, you lose rights. That means others can use your brand for free, which can make it less valuable and recognisable.
Consequences of Failure on Trademark Renewal
What you need to know about trademarks is that if you forget to renew your trademark, then what can happen:
Loss of Exclusive Rights
The biggest is losing the rights only you had to your brand. When your trademark goes away, anybody can use it. That means your competition could use your brand or something similar for their stuff.
Losing these rights can be awful if your brand was known. Competitors might use your good reputation to trick people, which could mess up your brand’s image.
Vulnerability to Infringement
As your trademark is not legally protected, you open yourself up to others using and copying it. If a competitor starts using your brand or something similar, you can not stop them legally. It can be expensive and long to get back your exclusive rights – often with legal battles and proof of your brand’s uniqueness.
And in case a competitor registers your brand name before you, you can not ever get your rights restored. This is especially tricky if your brand was known.
Loss of Brand Value
Your brand is worth a lot depending on its trademark. A good, well-known trademark can really elevate your company’s value and position in the market. Not renewing your trademark might make your brand less valuable and damage its good reputation.
Your old trademark may be used by competitors to confuse people and damage your brand’s reputation. Individuals might not understand the big difference between your real stuff and the fake, which might influence on your credibility as a brand.
Harder to Protect Your Rights
Even if you continue to use your brand after not renewing the trademark, it’s harder for anyone to copy you legally without a registered trademark. In legal fights you might have to prove how unique your brand is – which may take time and money.
Plus, without a registered trademark you may not get certain legal help like money or compensation if someone copies you or being seen as the actual owner of the brand. You can’t even stop customs from selling fake stuff.
Loss of International Protection
If you own trademarks elsewhere, not renewing your home country’s registration could revoke your rights there. Many countries require a valid home registration to protect your trademarks abroad.
Losing international protection could really hurt if you sell stuff worldwide or plan to grow. It can be difficult and expensive to get back your international rights – with new paperwork and registrations in each country.
Missed Opportunity for Renewal Grace Periods
Most offices give you a little more time to renew after your trademark expires – but you pay extra fees. But in case you miss this additional time, your registration is going to be cancelled and you might need to start over again. Not renewing during this extra time could let others claim your brand for a time.
Reputational Damage
Failure to failure on trademark renewal may be interpreted as lack of diligence or disregard of your intellectual property rights. This perception can damage your company’s reputation if your mark is well known or the failure to renew was the result of negligence or oversight.
Having a trademark portfolio is viewed as a responsible and proactive business approach, showing you care about safeguarding your brand and intellectual property.
To avoid these consequences, a good trademark renewal management system is necessary. Set reminders well in advance of renewal deadlines and consider having an intellectual property professional assist you with timely renewals.
Also regularly audit your trademark portfolio for marks that may no longer be in use or relevant for your business. Letting unneeded registrations lapse can save you renewal fees and simplify your portfolio management.
Trademark Renewal in India
Trademark renewal in India is under the Trade Marks Act, 1999 and Trade Marks Rules, 2017. The renewal process of a trademark in India is as follows:
Renewal Period: A registered trademark of India is good for ten years starting from the date of application. The trademark renewal procedure could be set up one year before the expiration date and the trademark owner has a grace period of a single year following the expiration date to restore the mark.
Renewal Application: The trademark owner or their authorised agent must apply for renewal at the Trade Marks Registry. The application may be filed online through the Indian Trade Marks Registry Web site or by filing a physical application at an appropriate office.
Required Documents: Along with trademark renewal application, the following documents have to be submitted:
a. Renewal fee
b. Power of Attorney (if applicable)
c. Evidences of use (optional)
Examination Process: Right after the renewal application is submitted, the Trade Marks Registry is going to examine the application to confirm that all needs are met. Any objections or deficiencies are discovered, the Registry will provide the applicant written notice of the problems and the chance to fix them within that time frame.
Publication & Opposition: The acceptance of the renewal application will be published in the Trade Marks Journal. This publication provides an opportunity for third parties to lodge oppositions against the renewal if they have any objectionable ground.
Renewal Certificate: If no oppositions are filed or the oppositions are overcome, the Trade Marks Registry will renew the trademark registration for another 10 years. The trademark owner will receive a renewal certificate as proof of the renewed registration.
Final Words
Failure on trademark renewal could lead to lost exclusive rights, infringement risk, reduced brand name value, problems enforcers of your rights, loss of international protection, missed renewal grace periods and reputational damage to your company. Proactive trademark management and timely renewals are critical to preserving your intellectual property and brand value.
