Trade mark renewals

The protection of a registered mark lasts for 10 years.

However, after this period the protection can be extended if an application for trade mark renewal is submitted.

This application needs to be filed with the UK Intellectual Property Office and does carry a fee.

If a mark is renewed every 10 years, its protection can remain indefinitely.

A renewal application can be made up to six months before the mar4k expires. The UK IPO will send you an automated reminder 3 months before if you have not already submitted an application.

If no application is made before the mark expires, then it will indeed expire. However, you can ‘revive’ it with an application for a further 6 months. In addition, a mark can be ‘restored’ within 12 months if significant reasons can be given as to why the application has not been submitted. If these reasons are not sufficient, the application will be refused and the mark removed from the register.

With any application to the UK IPO, a form and a fee needs to be submitted. In relation to the renewal of a trade mark the form TM11 needs to be submitted to the UK IPO with the fee of £200 with an additional £50 for any extra classes of goods or services. An additional fee of £50 will also need to be paid if you are submitting a late application.

An application can be made online through the UK Intellectual Property Office’s website or alternatively through the post. If you are looking to restore your mark, this can only be done through the post which must include a written statement as to why you did not renew on time. This also requires a different form, a TM13.

If you have any queries or need any advice, feel free to contact Jane at The Trademarkroom

By Ellis Sweetenham