Being a successful entrepreneur is all about having the right tools and knowing how to use them. And one of those tools is a trademark. A trademark can protect your brand from being stolen or diluted, which means it will be harder for someone else to compete with you if their product or service has the same name as yours. So how long does a trademark last? That depends on several factors, including how long it takes to file an application and how many times you renew it.
What is a Trademark?
Trademarks are words, phrases, symbols, or designs that companies use to identify their products and services. Trademark protection provides the owner with the exclusive right to use a particular mark in connection with the sale of goods or services. The main purpose of trademarks is to prevent confusion in the marketplace about who is selling what product or service.
The word "trademark" itself is not protected by trademark law, but many businesses choose to include it as part of their company name. For example: "Johnny Appleseed®" is an example of a registered trademark. As another example: "Apple Computers®, Inc." is not a registered trademark because it's just another way for Apple Computers® Inc., which owns this business name as well as all its various logos and slogans associated with its products/services, such as “Think Different™” among others.
The Trademark Process
The trademark process can take anywhere from six months to three years, although the average time is 18 months. The first step is checking the requirements on IP Australia. There are 2 basic requirements for obtaining a trademark:
- you must use your trademark in interstate commerce
- your trademark must not be similar or identical to another mark already registered by someone else
How to Apply for and Renew Trademarks
Applying for a trademark is an important step in establishing your brand and protecting your intellectual property.
Before you can file an application, you must ensure that no one else has already claimed rights to the name or logo. You can perform a search on the IP Australia website to check if your desired trademark is available for use. If it is not currently being used, then congratulations! You may proceed with filing an application.
If someone else does have rights to the same mark or similar mark (in a different industry), there are ways that you can get around this. If they have been using their mark publicly before you began utilizing yours, they will likely be able to claim priority over it--and rightfully so--as long as their continuous use begins after yours begins (for instance, if they filed their registration first). However, if they only began using their trademark after yours was filed but before it was approved, then there might be some room for dispute here depending on how common these terms happen to be within both industries; also consider whether any other factors come into play such as distinctiveness of each term's meaning/image or whether customers would mistakenly identify one company's product when looking at another company's packaging materials instead because certain aspects about them seem similar enough where consumers wouldn't necessarily know otherwise until asked directly by sales associates what exactly makes each one different from its competitors (i., e., why should I buy this instead?).
Contact us to start your trademark registration today.
How Long is a Standard Trademark Registration?
A standard trademark registration lasts 10 years. (Exception: some countries, such as China and the Netherlands, have a 15-year registration period.) The date of registration is called the "priority date" because it's your first opportunity to use your mark in commerce within each country that you choose to register.
After the initial 10-year term, you can renew your trademark for another 10 years by paying an additional fee. If you don't renew your trademark during this time frame—or if you wait too long after its expiration—it will automatically expire and become available again to anyone else who wants it (with certain restrictions).
What to do if Your Trademark Expires
If your trademark does expire, there's no need to panic. You can renew it for an additional fee. The process is relatively straightforward and inexpensive: you'll need to fill out a renewal application, pay a fee and meet certain requirements such as use of the mark during its period of protection. However, keep in mind that each country has its own set of rules regarding these processes and timelines for registering a trademark renewal request; so, whether you'll be able to revive your brand depends on where you're doing business now—or where you plan on doing business in the future!
In order to renew an Australian trademark registration under the Trade Marks Act 1995, there are some important things that must be done within 12 months prior to expiry, such as:
- Make sure all fees have been paid
- Have evidence that all warranties given by applicants were true when made
- Ensure there are no grounds for cancellation under section 55(1)(c)
- Provide evidence that all steps taken by applicants took place before their respective dates of first use/application as specified by sections 41/42 respectively.
- Ensure there is no opposition from third parties who could oppose renewal based on non-use grounds under s44(2)(a)
Looking to register a Trademark?
Trademarks are important for protecting your brand and your business. They can serve as the foundation for many other aspects of your company, including web design and advertising campaigns. This is why it’s important to keep track of how long you have been using a particular name or logo so that you don’t lose ownership over it too soon! But don’t worry if this happens—we can help guide through the process of renewing your trademark registration so that no one else can steal away what’s rightfully yours.
If you're looking for more information about trademarks or want help with registration, contact us today.
