The procedure of trademark renewal in the EU
The process of trademark renewal does not take place frequently. However, one of the most important activities a company can undertake to ensure that its intellectual property is protected. It is undeniably a time-consuming and at times taxing process that necessitates meticulous attention to detail and constant monitoring.
Depending on the scale of a business, trademark renewals may also pose challenges, such as renewals within different territories.
Trademark validity
For the most part, trademark renewal rules are similar to the US and EU systems. Renewals will generally occur every 10 years, except in the case of Canada, which is every 15 years.
What will happen if no renewal?
There is generally a six-month grace period following the expiry of a trademark. During this time, the trademark can still be renewed. However, this will usually result in a surcharge that can differ depending on the territory.
In the EU, there is a 25% late fee that is added to renewal fees. If a trademark is not renewed within the 6-month grace period, it will be automatically marked as expired in the EU Trademark (EUTM) register effective from two weeks after the grace period ends.
How long does it take to renew a trademark?
In the EU, the renewal process is generally straightforward. The EU International Patent Office (EUIPO) will send a reminder to the trademark owner six months before it expires. At this point, a legal representative for the business will assess the trademark and determine if any updates are required.
Then, a renewal request form can be filed online. The renewal will be effective from the date following the expiry of the initial registration. A renewal confirmation will also be provided in writing to the owner a few days after the initial trademark expires.
When an EU trademark is due for renewal, a business can opt to convert their EU trademark rather than renew it. This means that the trademark will only be valid within certain EU member states. If a business wants to carry out a conversion, it must be filed within 3 months following the expiry of the trademark. An EU trademark may also be partially renewed, for example, if an owner seeks only to renew certain classes.
Contact AAA IPRIGHT: Email: [email protected]
Or sending your inquiry by filling the form:
