Do you have to renew a trade mark?
Companies spend a considerable amount of time and money creating trade marks and so UK law provides safeguards against other organisations unfairly profiting from their enterprise.
The Trade Marks Act 1994 enables companies to use the ® symbol to protect their trade mark and take legal action against anyone who encroaches upon their rights.
To enjoy such protection, however, the creator of a trade mark must register it with the Intellectual Property Office and ensure their registration does not expire.
Can trade marks be renewed?
UK law makes provision for trade marks to be renewed so that the owners can continue to enjoy protection.
Do you have to renew a trade mark every year?
There is no requirement under UK law to renew a trade mark every year.
How often do trade marks need to be renewed?
UK law requires trade marks to be renewed every ten years.
Applications for a renewal can be made within six months of the due date and up to six months after it (although there is a surcharge for a request made after the due date).
In addition, it may be possible to renew a trade mark for an additional six months providing that the Intellectual Property Office accepts that there is a valid reason for the delay.
An application in these circumstances must be made by post and part of your fee will be forfeited should your request be rejected.
Is there another way I could lose my trade mark?
Should you fail to use your trade mark for five years after it has been registered – or for any continuous period of five years – another organisation could attempt to cancel your trade mark with a view to using it, or something similar, themselves. You would have the right to contest any such move but it could potentially lead to a costly and time-consuming tribunal and if you have not made commercial use of it, you may lose some or all of its protection.
How to renew a trade mark
All requests to renew trade marks should be made to the Intellectual Property Office.
How can I ensure that I retain my trade marks?
For a company to protect its intellectual property, it’s vital that applications for renewals are made at the appropriate time. It’s also important to keep records of the ways in which your trade marks have been utilised so that you can overcome any attempt to have them cancelled due to non-use. As the style of marks evolve and a business expands and changes its commercial offering and also the countries where they trade. It is important to ensure your trade marks are up to date and that you have protection for the current style of trade marks and your goods and services in all countries where you trade.
This can be a demanding task, particularly for large organisations which may own a large number of trade marks.
Many companies choose to ease the strain by working with Trademark Eagle’s legal experts to implement comprehensive procedures to ensure that their trade marks continue to enjoy the full protection of the law.
Our team of in-house specialists will work to the highest standards of confidentiality, integrity and professionalism to support you and your trade marks.
Please get in touch for more information:
Call: 01223 208 624
Email: enquiries@trademark-eagle.com
Or complete our online contact form.
