When can I renew a trade mark?
Having your trade mark registered enhances the degree of protection it’s afforded (ie it’s easier to protect it using legal claims or other strategies), so maintaining your registrations is vital. A UK trade mark registration will, initially, only last for 10 years.
You can apply to renew a trade mark anytime up to 6 months before until up to 6 months after the mark’s expiry date.
How do I renew a trade mark?
There are two ways to renew a trade mark in the UK: online or by post. In each instance, you’ll need to pay the applicable fees.
You can renew your trade mark online using the government’s online renewal service.
You can apply by post by completing and sending a TM11 form to the UK’s Intellectual Property Office (IPO) along with the relevant renewal fee.
How much does it cost to renew a trade mark?
You will have to pay a renewal fee of £200 to renew your trade mark if you’re only renewing it within one trade mark class (ie class of goods and services). You need to pay an additional £50 for each additional trade mark class that you want to renew your mark within. When renewing your mark, you can choose to reduce the number of classes your trade mark is registered in (ie to renew with protection in less classes than the registration previously covered). Late renewals will incur an extra £50 fee.
For more information, read How much does a trade mark cost?
What happens after a renewal application is made?
After you apply to renew your trade mark, the IPO will send the trade mark owner confirmation that the trade mark has been renewed for another 10 years.
What if I fail to renew my trade mark on time?
If you have missed your trade mark’s renewal date, your trade mark will be shown as ‘Expired’ on the trade mark register. You can still renew your trade mark within the 6-month period following the expiry date.However, an additional late renewal fee of £50 is payable.
Restoring a trade mark
If you do not renew your trade mark within the 6 months following its expiry date, it will be removed from the register. At this point, you can no longer apply to renew online. Instead, you must apply to restore your trade mark. You can apply to restore a trade mark up to a year after its expiry date.
To apply to restore a trade mark, you must fill in form TM13. You must include a written explanation about why you failed to renew your trade mark on time. Your explanation must satisfy the IPO that your failure to renew was unintentional.
You also need to pay a restoration fee of £100 when submitting the form. This £100 fee is not refundable if your application is refused.
Bear in mind that you cannot take an action for trade mark infringement against someone who used your expired mark in good faith while the mark was off the register.
Renewing an EU trade mark
A European Union trade mark (EUTM) is valid for 10 years. It can be renewed indefinitely, for 10 years at a time. The renewal request can be submitted using the EU Intellectual Property Office’s (EUIPO's) online request form. At least 6 months before a EUTM expires, the EUIPO will inform the EUTM owner in writing that the trade mark is due for renewal.
Fees are calculated automatically during the renewal process.
If a EUTM is successfully renewed, the EUIPO will issue an official written confirmation of renewal to the EUTM owner or their representative after the EUTM’s actual expiry date. The renewal will take effect from the day following the date on which the existing registration expires.
Late or missed renewal
If an EUTM is not renewed in time, late renewal is possible within 6 months following the EUTM’s expiry date. A late request for renewal must be submitted along with the renewal fee plus a 25% surcharge.
If an EUTM is not renewed it will be marked as having expired approximately after the end of the 6-month grace period. However, trade mark protection will expire the day after the EUTM’s expiration date. The EUIPO will inform the EUTM owner in writing, and the EUTM will be removed from the register.
Renewing an international trade mark
An international trade mark (ie a trade mark registered under the Madrid System) is valid for 10 years. You can renew your international trade mark at the end of each 10-year period directly with the World Intellectual Property Organisation (WIPO). This will have effect in your trade mark’s designated countries (ie the trade mark will be renewed in your chosen countries).
The WIPO will send a renewal reminder to the trade mark holder and/or their representative 6 months before the mark’s expiry date.
You should submit a request for renewal of an international registration online using the ‘eMadrid’ system. You can apply any time from 6 months before the mark’s expiry date until 6 months after the expiry date – but additional charges will be due if you apply after expiry.
Ask a lawyer if you need assistance with your trade mark renewal. You can use Rocket Lawyer's dedicated Trade Mark Registration service to register your trade marks to protect your brand.
