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Can the IPO decline my trademark renewal?

Photo of Jan Buza

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.

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