– Failure to renew your trademarks: Most Trademark Office around the world grant an application for 10 years. Your attorney keeps track of this and will let you know, but if you do it on your own, you must be aware of the dates.
– Your mark loses distinctiveness: Anything diluting the meaning of a mark can be grounds for cancellation. So, again, your lawyer will be letting you know of any similar trademark that may do so doing searches every week.
– Your mark becomes generic: This mean when your trademark stops being unique and begins to be an everyday word. Sometimes brand names become so popular they take on lives of their own. Once a trademark has reached generic status, the loss of distinctiveness means a loss in trademark protection.
– You lose at Court: Not too much to add. If someone sues you, or you do it yourself but you have no grounds to show proof of use of your own application, you are taking a huge risk.
– Non-Use: This is something that does not happen on all countries, but in those that require it, you must show proof of use of your trademark during the requested period of time. Whether it is 3 or 5 years, or by the time you are renewing the registration, proof of use is a must.
It can also happen that someone else intends to file that name, therefore they get the benefit for your not using the mark for the required period of time.
Do you have any questions? Send me an email to maria@mjaintellectualproperty.com
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