There are a number of key stages in the life of a trade mark, and one of the most important is that of renewals. If you do not renew your trade mark registration on time, at a minimum there can be cost implications. More seriously, you can lose your rights in the mark and may have to make a new application, losing your historical rights and perhaps breaching warranties in contracts about keeping your brand and other intellectual property rights protected.
With increasing administration required in relation to trade marks, ongoing trade mark management can be a headache to many businesses.
If you are still using your trademark for your business, you should take steps to protect it. Your brand identity is just as important now as it was when you applied for your trade mark 10 years ago.
However, if you have changed the trade mark at all, even minor changes, or are offering different goods and services, speak to one of our experts before renewing your trade mark. We recommend that you take time to confirm the mark which is currently on the register does still accurately reflect your brand and the use you make of it.
Once renewed, your trade mark will last for a further 10-year period from your filing date. For example, if your first registration is valid from 10 March 2008 and you renew it on 25 January 2018, the renewed registration will be valid until 10 March 2028. In 2028, you can renew it again.
It can be renewed for subsequent periods of 10 years as many times as you or your business requires. This is different from copyright, design and patents, which all have fixed periods of time over which they can be protected.
If we look after your trade marks under our Manage service, we will notify you in advance of the renewal deadline and offer advice and assistance. Or if you do not use our service, just contact us at renewal time and we can help.
In the UK, trade marks can be renewed in the window six months before they are due to expire.
You can resurrect and renew your trade mark up to six months after the official deadline but the charges are a little higher. We do not recommend leaving it late to renew as technically your brand is vulnerable and you may be breaching warranties or undertakings with third parties over the level of protection of your marks.
If you instruct us to renew your trade mark, we will attend to this straight away. Typically, within seven to ten days after we submit the documentation to the UK Intellectual Property Office, the renewal will be confirmed as being complete.
You should keep a note of the relevant date on your trade mark certificate. You may also receive documentation from the UK Intellectual Property Office or another trade mark office but we do not recommend relying on this.
If you have missed the official renewal deadline, you can perhaps still maintain protection for your trade mark without have to submit a fresh trade mark application. If you renew your mark within six months after the official deadline, you can resurrect and renew your mark, although there is a modest additional charge payable to the Intellectual Property Office.
For more detail on the circumstances under which you can renew your trade mark after the official deadline, please contact one of our experts.
Each country has a different system and requirements for renewals. Our Trade Mark Agency works internationally and will be glad to advise you on the time, cost and process for renewing your overseas trademark or portfolio.
In the UK, the Intellectual Property Office charges £200 for the renewal of a trade mark in one class. It charges an additional £50 for each additional class thereafter. Our fee is fixed at £300 +VAT for renewing a UK trade mark.
Call us on 03330 430 350 to find out more about our Manage services or renewals. Or make an enquiry online and one of our Trade Mark Agency team will contact you.
We understand that you want to get on with running your business and may prefer for us to look after everything. We offer an administration service – Trade Mark Manage – which is similar in principle to a company secretarial service, but for your trade marks.
If we act as the representative for your trade mark or your portfolio, we will receive all correspondence and will guide you through what, if any action, is required. We will also be the first recipient of any challenges to your mark or its validity and will be on hand to answer questions about how to help to ensure your mark stays on the register for as long as you need it. You will also receive a discount on our trade mark renewal service.