Renewing a trademark is a crucial step for any business or individual seeking to protect their brand identity and maintain exclusive rights to their intellectual property. Trademarks serve as a valuable asset, distinguishing products or services from competitors and building consumer trust. However, the process of renewing a trademark involves several key elements that must be carefully considered to ensure a seamless and successful renewal. In this article, we will explore these critical elements, including the importance of timely renewal, maintaining active use of the goods or services identified in the registration, and adjusting for any changes in your trademark or branding.
by Matt Swyers
updated 01/07/2024 | 4 Min Read
Insider Tip 1: Renew it on Time
One of the most critical elements when renewing a trademark is ensuring timely renewal. Trademarks must first be renewed between the 5th and 6th anniversary of registration as well as every 10 years. Failing to renew within the specified timeframe can lead to the loss of trademark protection. Therefore, it is essential to keep track of renewal deadlines and submit the necessary paperwork and fees promptly. By doing so, brand owners can maintain their exclusive rights and prevent potential competitors from exploiting their brand identity.
Insider Tip 2: Active Use and Verification with the USPTO
Another crucial element in trademark renewal is maintaining active use of the mark in connection with the goods or services with which it was registered. Trademarks are intended to identify and distinguish goods or services in the marketplace. If a trademark remains unused for an extended period, it may be vulnerable to cancellation due to non-use. Therefore, brand owners must demonstrate ongoing and genuine use of their trademarks to strengthen their renewal applications. In recent years, the USPTO has become far stricter in what they will accept to verify continuous use so trademark owners must be vigilant in what is submitted or risk loss of their rights.
Insider Tip 3: No Alterations of the Trademark
One final tip to note, the trademark you are renewing must exactly match the one that you registered. This is especially critical for trademarks that incorporate a logo or a design. All to often trademark owners will make slight changes to their logos over the years. However, when they go to renew it they are rejected as the trademark sought to be renewed is not the same trademark that was registered. So if you have altered or changed your trademark in any manner you may need to register the new version rather than renew the original.
In conclusion, avoid these pitfalls to guarantee a smooth renewal of your trademark. As always, if you have any questions about this or anything else regarding trademark protection please contact us here at The Trademark Company.