The following is an edited transcript of Chapter 19 of my book video Building a Bold Brand: Renewing Registration
Once a strong and protected brand is built, another key to maintaining such status is proper and timely renewal of trademark registrations. Trademark registrations can last forever, if renewed properly and if the mark is still in use. But the trademark registrations must be renewed at the correct intervals, and it is critical to docket the deadlines and to properly file for renewal when the time is appropriate.
A brand owner has “common law” rights in a trademark even without a registration. But the benefits and value of a registration are significant—particularly against actual or potential infringers.
If a registration is cancelled due to a failure to renew, there is no guarantee that it can be re-registered. Even if the trademark is re-registered, the new registration will not have the same history or the same duration, and it therefore will not be as strong as the earlier registration would have been. Applying for—and possibly fighting for—a new registration may also be far costlier than a renewal. It is possible that you’ll find new conflicts. It might be possible to reach a consent agreement or petition to cancel a conflicting registration, but those can be costly and complex.
For more, see How to Check Trademark Registration Renewal Dates
