What is the grace period for trade mark renewal in the UK?

Are trade marks protected by law in the UK?

Trade marks are protected by law in the UK – but in order for companies to continue enjoying this legal safeguard it is necessary for trade marks to be renewed every ten years.

How do I renew a trade mark in the UK?

Applications for the renewal of trade marks in the UK must be made to the Intellectual Property Office. The law stipulates that this process must be undertaken every 10 years.

Is there a grace period for trade market renewal in the UK?

While the owners of trade marks in the UK are required to renew them every 10 years, the law does allow a grace period for late submissions.

What is the grace period for trade market renewal in the UK?

The owners of trade marks in the UK may submit a request for their renewal up to six months after the due date (i.e. 10 years after the application date). Companies applying during this six-month grace period, however, are liable to pay a surcharge.

In addition, it may also be possible to apply for restoration of trade mark it it has not been renewed within the Grace Period for an additional six months (i.e. up to 11 years from the date of application).

Applications during this final grace period, must contain a written statement explaining the reason for the delay and incurs additional fees.

The application will only be accepted if the Intellectual Property Office is satisfied there is a valid reason for the late request.

Should the application be unsuccessful, the company will lose part of its fee.

Why is there a grace period and what is it?

The law accepts that there may be valid reasons for businesses submitting applications after the initial deadline and so stipulates that there should be a trade mark renewal grace period of followed by a six month restoration period..

How can Trademark Eagle help me to renew my trade marks?

While the law does provide a potential grace period, there are a number of reasons why it is advisable to send your application in on time.

• Applying during the first six-month grace period incurs a financial penalty
• Applying during the six-month period is more onerous and uncertain
• Applying in a timely manner can have a deterrent effect on any rivals who might be seeking to take over your trade mark – sending out a strong message to your competitors that you are committed to retaining it

While ensuring that all trade mark renewal applications are submitted on time can be an onerous task, Trademark Eagle can work with you to ensure that all your trade marks are renewed in an efficient and effective manner.

Our in-house legal specialists have considerable experience and expertise and will provide a bespoke service tailored to your company’s requirements.

Please get in touch for more information:

Call: 01223 208 624

Email: enquiries@trademark-eagle.com

Or complete our online contact form