What Happens when Your Trademark Expires? And How It Will Affect Your Business
Trademarks are a great way to protect your brand. They give you the exclusive right to use a certain name, logo or slogan. What happens when your trademark expires, though? Understanding the implications can help you avoid pitfalls and ensure your business continues to thrive.
The Importance of Trademark Protection
Before we discuss the consequences of a lapsed trademark, let’s quickly recap why trademarks are essential:
- Brand Identity: Your trademark distinguishes your products or services from competitors.
- Legal Protection: It provides legal backing to protect your brand against infringement.
- Business Value: A trademark can become a valuable asset, adding to your brand’s equity.
When Does a Trademark Expire?
In the U.S., a trademark must be renewed every ten years. Between the fifth and six years after registration you must file a ‘Declaration of Use’ to confirm that you still use the mark. Failing to do so can result in the cancellation of your trademark.
What Happens When Your Trademark Expires?
Loss of Exclusive Rights
The most immediate consequence of an expired trademark is the loss of exclusive rights. This means that other businesses can legally use your once-protected name, logo, or slogan, diluting your brand identity and potentially causing customer confusion.
Increased Risk of Infringement
Without trademark protection, you lose the legal grounds to take action against others who use your brand elements. The increased risk of infringement could harm your business’s bottom line and reputation. An expired trademark can reduce your brand equity, making your business less attractive to investors and partners.
Complications in Re-registration
Re-registering an expired trademark isn’t always straightforward. If someone else has started using your expired trademark, reclaiming it can become a complex, costly legal battle.
How to Prevent Trademark Expiry
Monitor Renewal Deadlines
Keep track of your trademark’s renewal deadlines and ensure you file the necessary documents on time. Setting reminders can help you stay ahead of these critical dates.
Consult a Trademark Attorney
Navigating trademark laws can be complicated. A trademark attorney can provide valuable advice, helping you maintain your trademark and avoid costly mistakes.
Regularly Use Your Trademark
Consistent use of your trademark is crucial. If you stop using it, even temporarily, you may lose your rights, making it easier for others to claim it.
Conclusion
Allowing your trademark to expire can have serious consequences for your business, from losing exclusive rights to facing increased risk of infringement. By staying vigilant about renewal deadlines and consulting a trademark attorney, you can protect your brand and ensure its continued success.
Ready to safeguard your brand?
Contact L4SB today to keep your business protected and thriving.
Law 4 Small Business (L4SB). A Slingshot Company. A little law can save you a lot of money later.
Author:
Kristy Donahue
Kristy is Chief Marketing Officer (CMO), for Slingshot (the parent company of Law 4 Small Business). She holds an MBA and a Psychology undergrad. Kristy, formerly a Sr. Vice President with Bank of Albuquerque now leads the marketing of six legal brands for Slingshot Group of Companies.
