Written by Jan Buza
Co-founder of Trama
The vast majority of trademarks are renewed without any problems, and rejection by the IP Office is highly unlikely. However, there are some very specific cases where the IP office can decline your trademark renewal.
For example, the USPTO may decline a renewal application if the owner fails to use the mark in commerce during the relevant period. In other jurisdictions, there may be a problem of non-compliance with renewal filing deadlines.
Another potential issue might arise if you file for the renewal yourself in a jurisdiction which requires you to have legal representation, such as the US or Australia.
However, the distinctiveness of the mark or its similarity to other marks are not assessed again at renewal, as the mark has already been examined once and has, therefore, priority over others.
If my trademark is dismissed due to a "Controlled Substances Act Refusal", can I do anything?
Can an attorney represent me in front of a trademark examiner?
How can I overcome a Section 2(a) refusal of my trademark application?
What does it mean when my trademark is refused due to the "likelihood of confusion"?
What does "Identification of Goods/Services" in my office action mean?
Why does my office action state I need the consent of a living individual?
How is "acquired distinctiveness" in trademark law evaluated?
Is there an extra fee when filing a trademark on the use-in-commerce basis?
Is there any benefit with registering both word and logo trademarks?
What is the price for 2 or more trademark classes in Australia?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
