Trademark Renewal: Timelines and Best Practices for Keeping Your Brand Protected

Trademark renewals extend the legal protection of a registered trademark beyond its initial period of validity. Why? Well, trademark applications are typically granted for a specific duration (commonly ten years in many countries, including India and the United States).

To continue enjoying exclusive rights over the trademark, the owner must apply for renewal before the expiration of the registration period. If the renewal process is completed on time, trademark protection can be maintained, protecting the brand from trademark infringement.

Renewal helps ensure that a business maintains exclusive rights to its trademark for as long as it is in use. Let's see in detail about trademark renewals in this blog.

Understanding the timeline of the trademark registration process

As mentioned earlier, trademark registrations typically last for ten years from the registration date. 

However, this period can vary depending on the country's trademark laws. 

Nevertheless, to keep trademark rights in force, the owner must renew them before the expiration of this term.

With timely renewals, a trademark can be protected indefinitely, allowing the owner to maintain exclusive rights to the trademark as long as it’s actively used and renewed as required by law.

Check out our blog to learn more about trademark registration and the process.

The trademark renewal process: A step-by-step guide

Here's a step-by-step guide to the trademark renewal process with Trademarkia:

1. Receive renewal reminder notification

Trademarkia sends automated reminders well before your trademark expires, ensuring you have ample time to prepare for renewal.

2. Log into your Trademarkia account

Access your Trademarkia account to review the status of your trademark and initiate the renewal process directly from your dashboard.

3. Verify trademark information

Review your trademark details, including the registered name, logo, and category of goods or services, to ensure all information is up to date.

4. Complete the renewal application

Trademarkia simplifies the renewal application process by pre-filling much of the required information. You only need to confirm or update any changes before submitting.

5. Submit filing fees

Pay the necessary government filing trademark renewal fees through Trademarkia's secure platform. 

Trademarkia will also charge a nominal service fee for handling the paperwork and submitting the renewal by our trademark attorney on your behalf. 

6. Trademarkia submits your renewal

Trademarkia submits your completed renewal application to the USPTO office, ensuring compliance with all deadlines and requirements.

7. Confirmation of submission

Once submitted, you'll receive a confirmation of the renewal application from Trademarkia and the expected approval timeline.

8. Monitor status

Trademarkia continues to monitor the status of your trademark renewal and provides updates on any:

• Progress,
• Issues,
• Or additional actions you need to take.

9. Receive renewal approval

Upon approval from the trademark office, you’ll receive confirmation from Trademarkia, ensuring your trademark remains protected for another term.

When should you start the trademark renewal process?

• Begin 6-12 months before expiration: Start the renewal process well ahead of time, between 6 and 12 months before your trademark expires.
• Review trademark information: This allows sufficient time to review and update any details related to your trademark, such as changes in the logo, business name, or goods/services covered.
• Avoid lapses in protection: Starting early ensures continuous legal protection without gaps that could expose your brand to infringement.
• Time to resolve issues: If there are any complications, such as opposition to the renewal or incomplete paperwork, you'll have enough time to address them without rushing.
• Meeting government deadlines: Filing ahead of deadlines helps avoid last-minute delays and penalties, ensuring a smooth renewal process.

Learn more about trademark renewal in our blog “How to Renew a Trademark: A Guide That Makes It Easy!”

What happens if you miss the trademark renewal deadline?

If you miss the trademark renewal deadline, several consequences can occur:

1. Grace period (if applicable): Some countries allow a six-month grace period after the deadline, during which you can still renew your trademark by paying an additional fee. However, this option may not be available in all jurisdictions.
2. Trademark rights lapse: If you fail to renew within the grace period, your trademark registration will lapse, and you will lose the exclusive rights to use the trademark.
3. Brand vulnerability: Once your trademark rights expire, others may register the same or a similar trademark, leading to potential brand confusion and loss of market identity.
4. Costly legal battles: If someone else registers your expired trademark, you may face legal challenges to regain rights, which can be expensive and time-consuming.
5. Re-registration required: To restore protection, you may have to reapply for the trademark, potentially losing your previous filing date and priority over others.

Missing the renewal deadline can put your brand at significant risk, so acting promptly is essential.

Cost of trademark renewal

Here's a breakdown of the cost of trademark renewal and what to expect:

1. Government filing fees: These vary by country but typically range from $100 to $500 per class of goods/services. The exact amount depends on the jurisdiction and whether you're renewing within the regular deadline or during a grace period.
2. Late fees (if applicable): If you renew during a grace period, additional late fees will apply, often between $50 and $200.
3. Total expected costs: In total, you should expect to spend between $200 and $1,000 for a trademark renewal, depending on the jurisdiction, the number of classes, and whether you use a service provider.

By planning ahead, you can avoid late fees and unexpected costs during renewal.

Consequences of failing to renew your trademark

Failing to renew your trademark can lead to serious consequences. Once the registration lapses, you lose the exclusive rights to your brand, making it vulnerable to misuse by others. 

If someone else registers your expired trademark, this can result in:

• Brand confusion,
• Diminished market identity,
• And potential legal disputes. 

Additionally, you may face the costly and time-consuming process of re-registering the trademark from scratch. To avoid these risks, timely renewal is essential. 

At Trademarkia we help in streamline the renewal process, providing reminders, handling paperwork, and ensuring your trademark remains protected, so your brand can continue to thrive in the marketplace without interruption.

Glossary of legal terms

• Grace period – Refers to the additional time (often six months) allowed in some countries after the renewal deadline, where the trademark can still be renewed by paying an extra fee.
• International classes – Mentioned in the context of government fees varying per class of goods/services, which impacts the cost of renewal.
• Re-registration – Describes the process of applying for the trademark again if the renewal deadline is missed and the registration lapses.
• Trademark renewal – The process of extending a trademark's legal protection beyond its initial registration period.
• Trademark registration – Refers to the initial process of securing exclusive rights to a mark, which needs renewal to remain valid.