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Can the IPO decline my trademark renewal?

Written by Jan Buza

Co-founder of Trama

In most cases, renewal is a straightforward administrative process and is not subject to re-examination. Outright refusal of a renewal is uncommon.

The situations where renewal can be declined or cancelled include: failure to file within the renewal window and grace period; in the US, failure to file the required Declaration of Use; and in some jurisdictions, non-use during the validity period if a third party has raised a cancellation action concurrent with the renewal. Administrative errors in the renewal application (such as incorrect identification of the trademark or missing fees) will result in the application being returned for correction rather than outright refusal.

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