Unlike other registered intellectual property rights, a trade mark can last indefinitely as long as you renew it every 10 years.
Once you have a registered a trade mark, you will have full protection over the word and/or logo for a period of 10 years from the date in which it was filed. For example, if you file your trade mark application on December 1st 2010, you will have protection until December 1st 2020. Should you decide to renew your mark, you will have protection for an additional 10 years thereafter.
You can renew your trade mark 6 months prior to its expiration date. If you have a representative, your representatives should contact you approximately 3 months prior to the marks expiry as a reminder. In the instance your renewal application is submitted after the expiry date, you can still apply to renew the mark within 6 months of its expiry, however, this can be both risky and will incur an additional cost of £50.
If you have failed to renew within the 6 months of your marks expiry, the mark may be restored if you can evidence significant reasons as to why it had not been renewed before. If the UKIPO are not satisfied with your reasons, the application will be removed from the register. In this instance, you would be required to start your trade mark application again.
The trade mark renewal application (also known as a TM3 form), can be obtained from the UKIPO and carries a fee of £170 , with an additional £50 for each class of goods or services you wish to renew. Note that if you have a representative who you wish to file the renewal on your behalf, this is likely to incur additional legal fees.
Once your application is completed and successful, the UKIPO will send you a renewal certificate which will confirm that your mark has been renewed for a further 10 years.
To sum up, as long as you remember to renew the mark every decade, you will continue to maintain your protection indefinitely!
If you need any assistance with your renewal, or have any questions relating to trade marks, contact the Lawdit Solicitors today.