How often are trade marks renewed?
How often are trade marks renewed?
Before addressing the question of “How often do trade marks need to be renewed?” it is important to consider just why it is so important they are renewed when required.
The reason is that trade marks often play a crucial role in giving companies a competitive edge over their rivals.
Trade marks, which can include logos, advertising slogans, jingles, shapes and designs of products, and even the type of packaging used, can differentiate goods and services in a competitive environment and so help a business establish a dominant market position.
While classed as invisible assets, therefore, trade marks can be more valuable than visible assets such as property, machinery and vehicles.
Organisations often devote considerable time, money and enterprise to creating a successful trade mark; by registering it and renewing the registration when required they can prevent their competitors from infringing upon their exclusive right to use the trade mark.
How often do you have to renew a trade mark?
Trade mark protection is provided by many countries around the world.
The rules regarding renewal can vary between jurisdictions, however, and so it is important to be aware of the regulations that apply to the nation in which you are operating.
How often do you renew a trade mark in the UK?
Trade mark registration in the UK is governed by the Trade Marks Act 1994.
Once registered, the legislation gives the trade mark protection for 10 years, allowing the owner to protect it with the ® symbol and take legal action against anyone who uses it without permission.
The ten-year protection runs from the date of registration and after this period the registration must be renewed in order for the protection to remain in force.
Under UK law, a company can request a trade mark be renewed from six months before the due date and for up to six months after it.
How do I apply for a trade mark to be renewed in the UK?
There is a charge of £200 for the first category of good or service that the trade mark is to apply to and an additional fee of £50 for each subsequent category.
It is also important to be aware that any applications made in the six months after the registration date incur an extra £50 charge.
What happens if I don’t apply within six months of the renewal date?
It may still be possible to renew a trade mark between six and 12 months from the due date.
In such a case, however, the request must be made by post and include a written statement explaining why there has been a delay.
It is important to stress that the Intellectual Property Office will only approve the request if it accepts your explanation.
Should your application be unsuccessful, £100 of your fee will not be refunded.
What happens if I don’t renew my trade mark?
A company that fails to renew its trade mark within the timeframe referred to above runs the risk that a rival firm will attempt to take it over.
It would be possible for the other business to claim that the trade mark was ‘abandoned’ or ‘dead’ and request permission to use it.
The success of this application would depend on factors such as the length of time that had elapsed since it was due for renewal and whether the original owner of the trade mark had still been using it.
Can you lose a trade mark within the ten-year period?
It may be possible for another firm to apply to have your trade mark revoked even if 10 years have not elapsed since the date of registration.
The organisation could attempt this on a number of grounds including non-use (if the trade mark has not been used for a continuous period of five years without a valid reason); a trademarked name having become a generic term for the product or service in question; or the misleading nature of a trade mark if it gives potential customers false information about a product.
Any company faced with the prospect of losing a trade mark should seek expert help as soon as possible.
Trademark Eagle has a successful track record of both safeguarding company’s trade marks and avoiding the need for expensive tribunal hearings.
How can I avoid trade mark problems arising in the first place?
It imperative that companies have in place an effective system that identifies:
- the trade marks they own
- the categories of goods and services to which the trade marks apply
- the ways and dates in which the trade marks have been utilised
- the renewal dates for all their trade marks
Establishing such a process will enable a business to ensure it makes full use of all the trade marks it owns (and can prove this should there be an application to revoke a trade mark) and applies for renewals in a timely manner to avoid the risk of losing the trade mark or having to pay an additional fee.
Given the scale of this task (especially in the case of companies that own multiple trade marks) many organisations choose to seek expert help in the management and protection of their trade marks.
Where can I find out more about renewing trade marks?
Trademark Eagle has an outstanding reputation for acting on behalf of companies such as yours to ensure that your rights concerning trade marks are fully respected, using our wealth of experience to identify any potential problems before they arise and take preventative measures.
Our expert team of legal advisors work with the highest levels of integrity and professionalism to safeguard your interests over this crucial issue.
Please get in touch for more information on how we can help you protect your trade marks.
Call: 01223 208 624
Email: enquiries@trademark-eagle.com
Or complete our online contact form
