In most of the nations across the globe, the duration of Trademark
Protection for registered trademarks is ten years; however,
indefinite trademark protection can be achieved if the registered trademark is
renewed once every ten years. Lateness in filing a trademark renewal
application can lead to many complications for the owner, like increased fees,
penalty, or losing the protection of the Registered
Trademark altogether. Remember, loss of trademark
protection is the most serious repercussion of failing to file your trademark
renewal on time. Let us now make ourselves familiar with all the risks involved
in the same scenario so that you can understand the importance of filing your
trademark renewals on time.
1. Someone else may take the registered trademark
Although it is a rare occurrence – however, there may be a
scenario where a competitor snaps up the mark and registers it or a similar one
as his or her own. Without any second thoughts, the marks, which are identical
or similar to the already existing registered trademarks, aren’t registrable.
But, if a trademark is no longer registered, then similar or identical marks
can get registered. If there aren’t any forms of pre-existing rights
interfering with the competitor’s Trademark
Registration of the mark, then it shall never get rejected.
This scenario, therefore, leaves the bright possibility of you losing your
registered trademark to your competitor if you fail to file its renewal.
2. Trademark re-registration may not be permitted
Trademark protection may also be lost altogether if, after failing
to get a trademark renewed and looking to re-register it, a similar or
identical mark gets registered in the meantime. According to EUIPO’s set of
guidelines and regulations, a proposed trademark will be denied registration if
it is identical or similar to an already existing trademark or interferes with
the pre-existing rights. If no such problems existed while the mark was
registered but arise after the passing of the renewal date, then all the
attempts made to re-register it shall be denied.
3. Limited classes
If in case, a mark similar or identical to yours gets registered
in the Nice Classes, in which your mark was originally registered, then
re-registration in the same classes shall not be permitted. According to
EUIPO’s set of guidelines and requirements, if a proposed trademark seeks
registration corresponding to the goods where there is an already existing
registered trademark, then the registration shall be denied. Hence, if you miss
your renewal date and go ahead with re-registering the mark at some later
stage, then the goods or services against which you intend to use the same may
be limited.
4. Limited countries
In the same manner, if you fail to renew a trademark in multiple
countries and a new similar or identical mark gets registered in some of the
countries in the meantime, then re-registration at some later stage may
geographically be limited as well. The consequences of this inability to
re-register your mark in some specific nations can be harsh, which, in turn,
would hinder your business profits and prospects significantly.
5. Late trademark renewal fees
Irrespective of whether any of the above mentioned potential
issues come into action or not, the owners who delay the renewal of their
registered trademarks undoubtedly encounter additional costs in the form of
late fees. In general, the national IP offices do give a grace period after the
renewal date, in which the renewals can still be filed. However, waiting until
that moment shall bring in greater official charges as compared to filing the
renewals on time. For view source: https://www.kashishipr.com/blog/university-of-washington-wins-patent-for-its-innovative-air-filtration-technology/
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