Your trademarks form a large part of your business identity. They are also what helps people recognize your brand. Hence, it is important to get them registered. However, once registered, you may claim exclusive use of the marks for a decade only, after which you will need to renew them for the next ten years.
The trademark renewal process requires attention to detail and the monitoring of deadlines. Furthermore, preparing the necessary documents could become an administrative challenge if the trademark portfolio covers various jurisdictions. Here are some guidelines about trademark renewal in Asia to give you a clear understanding.
How long is a trademark valid?
In a standard trademark system, trademarks are registered for an initial period of ten years, and renewable indefinitely every ten years. In some jurisdictions, however, the system is different. For instance, in Myanmar, the current system recommends renewing a trademark every three years. A new law will be enforced in this jurisdiction this year with a classic validity period of ten years for trademarks. Nepal also follows different standards as trademarks need to be renewed every seven years in this country.
How to proceed with trademark renewals in Asia?
Renewals can be secured through the submission of necessary documents with the registry and via the payment of renewal fees which normally depend on the number of classes.
Can you renew an expired trademark?
If you miss the renewal deadline, you will still be allowed, in most jurisdictions in Asia, to renew the trademark during the grace period. This is, however, subject to the payment of an additional late filing fee. In Singapore, for example, the fee for renewing a trademark (per mark per class) is SGD380, whereas the fee for renewing a mark during the grace period is SGD560.
What happens if my trademark is not renewed in time?
Failure to meet the renewal deadline or to file the trademark renewal application form during the grace period will lead to cancellation of the trademark by the registry. At that point, if the trademark’s owner wishes to maintain his rights, he will have no choice but to file a fresh application that will have to go through a standard examination process before being accepted for registration.
How to renew a trademark in Asia?
We can assist you in preparing the necessary documents based on basic trademark details such as the trademark number, the classes of interest and the owner’s details. Please bear in mind that filing the renewal application is a good opportunity to update the mark’s owner’s details and to file recordals such as the recordal of change of address whenever necessary.
Here are the various trademark classes for your reference and a table which summarises the renewal requirements and specificities per country.
At IPHub Asia, we can help you manage your trademark and design portfolio and file timely renewal applications to maintain your IP rights. Please get in touch should you require some assistance in this connection. You can also visit our website to know more about what we do and the services we offer.
