The renewal of a trade mark

Once you have registered your trade mark, the protection over the mark will only last for ten years. Therefore if you want to continue using the mark and enforcing intellectual property rights over it, an application for the renewal of your trade mark needs to be submitted.  A registered trade mark can last indefinitely if it is renewed every ten years.

To renew your mark, an application to the UK intellectual property office needs to be made. An application for renewal can be made up to six months before the mark expires.  An automated reminder will be sent 3 months prior to the expiry date if no application for renewal has been submitted. If a mark is not renewed before the expiry date then it will expire but an application for renewal can still be made up to 6 months after this date. In addition, if an application is submitted after the expiry date but with 12 months, a mark can be ‘restored’ if significant reasons as to why it had not been renewed before then are given. If the IPO are not satisfied with the reasons given, the application will be refused and removed from the register.

There is a fee to renew of £200 with an additional £50 for each extra class attached to the mark. In addition, if the renewal is sub mitted after the expiry date, an additional late renewal fee of £50 is to be paid. The renewal fee has to be paid every ten years to allow the protection of the mark to continue.

The application to renew the trade mark can be made online, via the UK IPO website. However, if you are looking for a restoration of a mark, this can only be submitted in writing.

If you need assistance in when renewing your trade marks, do not hesitate to contact the trademarkroom!

By Ellis Sweetenham