When can I renew my trade mark?
You can apply to renew a trade mark up to 6 months before and up to 6 months after the mark’s expiry date. Trade mark owners will be contacted by the UK Trade Marks Registry if they have not yet applied to renew their trade mark 3 months before the expiry date.
How do I renew my trade mark?
There are two ways to renew a trade mark in the UK: online or by post.
Renewing online
You can renew your trade mark online using the UK Government’s website.
Renewing by post
An application to renew a trade mark by post is made 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 for your trade mark if it is in one trade mark class of goods or services. You need to pay £50 for all additional trade mark classes.
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 Trade Marks Registry will send the trade mark owner a ‘Renewal Certificate’ confirming that the trade mark has been renewed for a further 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 6 months of 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 renewal 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. Your trade mark will only be renewed if the IPO is satisfied with your statement. However, the £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.
6 months before a EUTM expires, the EUIPO will inform the EUTM owner, their representative or any other registered right-holder(s) in writing that the trade mark is due for renewal. Fees are calculated automatically during the process.
If a EUTM is successfully renewed, the EUIPO will issue an official written confirmation of renewal to the EUTM owner or their representative a few days after the EUTM’s actual expiry date. The renewal will take effect from the day following the date on which the existing registration expires.
If an EU trade mark is renewed late or is not renewed at all
If the EUTM is not renewed in time, late renewal is possible within 6 months of the EUTM’s expiry date. A late request for renewal must be submitted along with the renewal fee plus a 25% surcharge.
If an EU trade mark is not renewed it will be marked as having expired approximately two weeks after the end of the additional (6-month) 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 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 country).
The WIPO will send a renewal reminder letter to the trade mark holder and/or their representative 6 months before the mark’s expiry date.
You can file a request for renewal of an international registration online, from 3 months before the mark’s expiry date. You have until 6 months after the trade mark’s expiry date to apply for a renewal.
Ask a lawyer if you need further assistance with your trade mark renewal. Rocket Lawyer also offers a dedicated service for Trade Mark Registrations which you can use to protect your brand.
