Business Trademarking - Trademark Renewal (Episode 2)

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Renewing Your Business Trademark

Did you know that business trademarks are not for life? In fact, trademarks only last for around 10 years, and after 9 and a half years, you will need to renew them. In this article, we'll run through the importance of trademarking, the renewal process, and other trademark myths.

Should I Trademark My Business?

Trademarking your business is one of the best things you can do to protect your brand. Trademarking gives your brand more credibility and shows you're established. In fact, infringers are less likely to target your business if you have trademarked your brand.

Trademarking Myths

Trademarking Myth #1 - Do Trademarks Expire? Business trademarks are not for life. You don't own that trademark forever. The trademark only lasts for around 10 years, and after 9 and a half years, you will be prompted to renew.

Trademarking Myth #2 - Can I Add New Products or Services to an Existing Trademark? Most businesses aren't the same as they were 10 years ago, they have evolved. If your business offers new products or services, you can't simply add these on to the renewal application. If this is applicable to your business, you need to consider this.

Trademark Renewal Considerations

The renewal process is important to keep your brand. If you offer more products and services than you did before, you have two options:

1. Renew existing trademark as it is, then do another separate application for the new products or services
2. Let the original trademark expire and do another application which includes all your products and services

Trademark Renewal Obstacles

As businesses change over a 10 year period, there can be obstacles when renewing your trademark, such as a change of address, email address, etc. that was on the original application. This can prevent you from being notified that your trademark is due for renewal. Ensure you keep up-to-date records if any information about your business changes.

How to Renew a Trademark

You can renew a trademark directly with the IPO. However, you would miss out ensuring this is done correctly with a review process and a check that it is fit for purpose. The Trademark Helpline can ensure there are no gaps missing in your trademark renewal.

How to Check if a Business is Trademarked

You can check if a business is trademarked by looking for an 'R' mark next to a business logo. An 'R' mark should be used when you have trademarked a business (unfortunately some businesses don't get round to this). Alternatively, you can check the IPO database which is updated quickly once a trademark has expired.

What to Do if Your Trademark Has Expired

If a business is no longer trademarked, then you must remove the 'R' mark. Failing to do so can lead to repercussions, including fines, as this is false advertisement. If you want to renew your trademark, it is important you do so before any infringement occurs.

Trademarking Myth #3 - The Difference Between TM and R

The 'R' should be used when a business IS trademarked, whereas a 'TM' should be used when there is intention to trademark, or the trademark is pending. 'TM' does not mean a business is trademarked, and 'R' should only be used when a trademark is in place. If 'R' is used on an non-trademarked business, you can face repercussions.