TLC for your Trademarks and Brands
As you approach the significant 10-year mark in your business journey, it’s time to celebrate not just the milestones but also ensure the longevity of your brand with trademark audits and not forgetting to renew.
At the end of 10 years, the trademark protecting your brand or product will lapse in both Australia and the United States unless you renew it.
Ten (10) years is a long time. Your business structure, contact details, goods and services offered, trademark laws, and format of the trademark can all change. It is easy to make a mistake without an experienced practitioner looking after it for you.
A Trademark Attorney should regularly conduct audits, especially if the trademark application was not filed by a Trademark Attorney.
Understanding Trademark Renewals
Trademark renewal involves reaffirming your trademark as your intellectual property.
By filing the necessary paperwork, you demonstrate to the United States Patent and Trademark Office (USPTO) that you actively use your trademark by marketing and selling products under that brand.
Once renewed, other entities cannot use a similar mark, name, logo, slogan, colour, or sound combination for their products or brands. Failure to comply can result in a lawsuit for trademark infringement.
Trademark Renewal vs. Declaration of Use
In Australia you are not required to submit a Declaration of use. However, in some countries like the United States, the first trademark renewal transpires between the ninth and tenth years of registration, requiring a Declaration of Use.
Declaration of Use (continued)
Another Declaration of Use is due between the fifth and sixth years of registration, but no renewal application or fees are necessary at that point.
The Declaration of Use statement accompanying the renewal application shows active use of your trademarked material on products marketed and sold. It serves as a vital tool to prevent trademark depletion and congestion in the marketplace.
Keeping Track of Deadlines
For Australia, please refer to your representative for deadlines or refer to the Australian Patent and Trademark Office.
For the United States, it’s important to remember that the renewal term starts from when the USPTO first issues your trademark, not from the application date.
Consequences of Missing Deadlines
Both the Australian and United States Trademark Offices have a six month grace period, but you pay for this.
If you surpass the extended deadline, the Trademark Office will cancel your trademark registration, preventing you from using the ® symbol.
Lapsing or cancellation can allow a competitor to potentially apply for and register your trademark, so make sure deadlines are being watched properly.
Seek Legal Assistance from our Trademark Attorneys
Have questions about protecting your intellectual property? We’re here to help! Contact us to have your trademark portfolio managed.
Allow our firm to ensure your trademark protection is not jeopardised with our IP management software and highly skilled and trained staff.
