Trade mark renewals- what do I need to know?

When you register a trade mark, the protection gained is only for a set amount of time.

A registered mark only has protection for 10 years.

However this protection can be renewed at the end of the 10 year period, therefore having protection indefinitely.

To renew your trade mark protection, you must submit an application to the UK Intellectual Property Office.

The application can be made up to six months before the mark expires to the date on which the mark will be revoked from the register, exactly 10 years from the filling date of the original application.

If you wish to regain protection of your mark after this date, you can ‘revive’ it if you apply within another 6 months or ‘restore’ it within 12 months if you can show significant reasons for not applying at an earlier date to renew. It is always risky to rely on this being successful. It is always the best advice to renew on time.

To complete a standard application for renewal, a TM11 form needs to be submitted to the UK IPO along with a basic fee of £200. This can be done through the UK IPO’s website or by a paper form sent through the post. An additional fee of £50 is payable if your application is submitted late or you have additional classes of goods or services attached to your mark.

A different process is required if you are looking to restore your mark. A written statement giving your reasons for not renewing on time is required to be sent through the post and cannot be submitted online. A different form is also required to accompany the letter, being a TM13 form.

For any further advice, contact The Trademarkroom

By Ellis Sweetenham