Back to basics: Do I need to renew my trade mark?
From registration, the protection in your trade mark will only last for a period of 10 years.
However this can be extended indefinitely by applying for a renewal. This will still need to be done every 10 years until you decide to no longer benefit from your registered trade mark.
This is no guarantee that your application for renewal will be accepted by the UK Intellectual Property Office, as this is their opportunity to ensure your mark is still meeting the requirements.
While it may seem that this is just a formality that you can put to the back of your mind, a miscalculation of your marks renewal date can cause a gap in protection.
It is therefore important to time your renewal application appropriately.
You can submit the application up to 6 months before the date of expiry. This should be done directly to the UK Intellectual Property Office and will involve the filing of form TM11 and does carry a fee of £200. If you require The Trademarkroom’s expertise in this area to ensure your renewal is filed correctly, we will also charge a fee. This will be a very competitive fee, fixed and will require the payment of VAT.
If you do not do this within the 6 month period, your trade mark will expire. This leaves the door open for another party to re register your mark.
However you do have the opportunity to revive your mark in the 6 months after expiration. This carries an additional £50 fee to that quoted above but does give you the opportunity to retrieve your trade mark protection.
Following this between 6 to 12 months after the marks expiration, you can apply to the UK IPO for your mark to be restored. This is a more difficult sell and the UK IPO is reluctant to allow you to do this. You need to give a good reason as to why you did not renew on time for them to consider allowing you protection again.
It is always a piece of mind knowing that you have the options to revive and restore your mark, however it is always recommended that you submit any renewal application in good time of the expiry date.
For more information, contact The Trademarkroom today.
By Ellis Sweetenham