Do you need to renew your trade mark?

Posted by Jane on September 21, 2016 / Posted in Trade Marks
Once you have gained protection, you are not guaranteed to be able to use the mark forever, you need to renew it.

Firstly, a big congratulations on the successful registration of your trade mark needs to be given.

A registered trade mark is such an important asset to your business and will allow you to build a reputable brand.

You do need to be clear however that your protection will not last forever without any further input from yourself.

You need to ensure that you successfully renew your mark every ten years otherwise your mark will be opened back up to the public domain for someone else to register. This could have disastrous effects on the conducting of your business.

A registered trade mark requires renewal ten years after its registration date and subsequently after that for as long as you require protection.

This process can be done up to 6 months before the trade mark expires and the application should be made directly to the UK Intellectual Property Office.  They will send you a 3 month reminder, but we recommend making the application as soon as you are able to, in a bid to prevent the missing of the deadline.

The form to complete is the TM11 which needs to be submitted to the UK IPO with the fee of £200. The Trademarkroom can assist you with this, for your peace of mind.

If a renewal application is not made during these 6 months, the mark will expire on the 10-year mark.

However, all is not lost.

You have the ability to regain you protection in your mark after the expiration date but we would recommend getting it done in plenty of time.

Up until 6 months after the renewal date, you can submit an application to revive your mark. This does incur an additional £50 to the above mentioned fees but the majority of applications are accepted.

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.

While these options of continued protection are available after the expiration date, we would strongly recommend for the correct form and fee to be submitted in plenty of time to ensure you will always have your brand protected.

For guidance on how to do this, contact The Trademarkroom.

By Ellis Sweetenham

Jane Coyle
This entry was posted on September 21, 2016 and is filed under Trade Marks. You can follow our blog through the RSS 2.0 feed.