FAQs: Trade Mark Renewals

Discover the facts about trade mark renewals with our frequently asked questions. This resource answers your trade mark renewals queries, offering insights into the definition of trade mark renewal, the application process, its protective scope, and the consequences associated with non-renewal.

Frequently Asked Questions

What is the process for renewing a trade mark?

To renew your trade mark, you must submit an application to the respective intellectual property office in your country. The renewal application can sometimes be completed online and usually requires details of the trade mark and payment of a renewal fee; however, in some countries, you may require documents to support your application, like a power of attorney or samples of use of the trade mark. Renewal of trade marks is typically done every ten years, although there are exceptions.

It is important to keep your trade mark registration current as it ensures that you maintain exclusive rights over the use and profit of the mark. Failure to renew a trade mark may lead to other businesses using the same or similar marks without permission, resulting in possible legal action against them.

When should I renew my trade mark?

Trade marks generally need to be renewed every ten years, but this can vary depending on your jurisdiction. It's essential to track the expiry date of your trade mark to ensure timely renewal.

In the United Kingdom, trade marks are valid for ten years from the filing date. You can renew your trade mark up to six months prior to the expiry date. However, the UK Intellectual Property Office does offer a six-month grace period following the expiry date, during which the trade mark can still be renewed, albeit with payment of an additional late fee.

Similarly, in the European Union, trade marks are valid for ten years and can be renewed indefinitely every ten years. The renewal request can be submitted six months before the expiry date, with a grace period of six months post-expiration, subject to late renewal fees. Please note that after the end of the grace period, if the trade mark has not been renewed, it will be removed from the register.

What happens if I don't renew my trade mark on time?

If a trade mark is not renewed on time, it can enter a grace period where it can still be renewed with a late fee. If still not renewed, the trade mark may eventually be removed from the register.

Can I change the details of my trade mark during renewal?

You can reduce the number of classes the trade mark is registered in at the time of renewal and change of name/ownership and address. Although you don’t need to wait until renewal to perform these changes necessarily. You cannot change or alter the appearance of a trade mark after it has been registered. Therefore, if changes are needed, a new trade mark application may be required.

Do I need a lawyer or attorney to renew my trade mark?

In some countries, you will need a local trade mark attorney to file the renewal applications. In other countries, the process is more straightforward and is an online fee payment, therefore. It is advisable to hire legal counsel for trade mark renewal. A trade mark attorney can ensure all details are correct and that the renewal process is completed accurately and on time and they will be able to docket for the next renewal date and will reach out to you in advance of this date for your instructions.

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