Keep your eye on the clock: remember to renew your trade mark
When you register a trade mark you have complete control over it and it creates a monopoly over that mark.
However, this monopoly can only last 10 years unless the protection is renewed.
If you renew your mark, you have the potential to maintain your protection indefinitely.
To continue to enforce your trade mark rights, an application for renewal needs to be submitted to the UK Intellectual Property Office.
The application can be made from 6 months prior to the expiration date, with a 3 month reminder automatically sent to you if the application has not been submitted at that point.
An application can also be made for renewal up until 6 months after the mark has expired but this does incur an additional fee and can be risky as it opens you to opposition for the registration of the mark.
In addition, if an application is submitted after the expiry date but with 12 months, a mark can be ‘restored’ if you can give significant reasons as to why it had not been renewed before then. If the UK IPO are not satisfied with the reasons given, the application will be refused and removed from the register. This again is very risky.
The application for renewal carries a official filing fee of £200, with an additional £50 fee for an extra class of goods or services. A late fee of £50 is to be paid if the application is made after the expiry date. If you wish for The Trademarkroom to submit this application on your behalf, there is also official filing fees payable.
The UK IPO encourages the application to be submitted online through their website as it is more efficient and the matter can be dealt with quicker. However, a letter needs to be written and submitted to them if you are looking to restore your mark within the 12 months after the mark’s expiration date.
This process will need to be completed every 10 years to continue the protection indefinitely.
Contact The Trademarkroom for any assistance in your renewal application!
By Ellis Sweetenham