A trade mark is a type of intellectual property right that can be renewed indefinitely. This means that it can be renewed continuously, without a cap on the number of years the mark can remain ‘active’ for.
Therefore, once your trade mark is registered, it will be active for a period of 10 years. Six months prior to expiry date, the UK Intellectual Property Office (UKIPO) will provide you or your legal representative with a renewal reminder which sets details of the trade mark as well as the fees involved in its renewal.
What are the fees involved?
If you have a legal representative for your trade mark, you may be required to pay two fees. They are as follows:
- The UKIPO Fee – This will be £200.00 for the first class your mark is registered in, plus an additional £50.00 for each subsequent class. So, if you have a mark to renew in four classes, the UKIPO fee will be £350.00.
- Your Legal Representative’s Fee – This will vary by company. Here at the Trademarkroom, our fee for a renewal is £350.00 plus VAT. If you do not have a legal representative who originally filed your mark, you would only need to pay the UKIPO fee for the renewal.
Why is it important to renew?
It is necessary to note that just because your trade mark application was accepted once, it does not guarantee that it will get accepted for filing again.
Therefore, if you still intend to protect your trade mark and you are utilising that mark for the goods and services for which it is registered, you will need to ensure that your right to it remains registered.
This is because if your mark is deemed as ‘dead’ on the UKIPO, other parties can apply for a similar or identical trade mark, and you will not receive a notification informing you of its similarity, meaning unless opposed by another notified party, this mark may proceed to registration.
What if I miss the renewal deadline?
If you miss this deadline, there is no need to panic, as you will have the opportunity to renew the mark six months after its expiry date. Do note however that this incurs an additional fee of £50.00.
Can I amend my classes?
When renewing a trade mark, classes can only be removed, not added. Therefore, it is always the best and most cost-effective option to ensure all of the classes you intend to use the mark in are covered in the application.
If you filed in some classes 10 years ago that you are no longer using the mark under, it is recommended that these are removed as to not give another party the chance to invalidate your trade mark for non-use.
If you have any queries about renewals or other questions relating to trade marks, please do not hesitate to get in touch with the Trademarkroom team today.
