Renewing a trade mark

Why do I need to renew my trade mark?

Once a mark has been registered as a trade mark it will be protected as a trade mark for 10 years from the date upon which it was filed. Once a trade mark has been renewed it will remain protected as a trade mark for an additional 10 years. A trade mark can be renewed every 10 years thereafter as there is no limit as to how long a trade mark can be registered.

When can I apply to renew my trade mark?

An application for the renewal of registration of a trade mark can be made up to 6 months before the renewal date. The Trade Marks Registry write to trade mark owners 3 months before the renewal date to remind them of the need for renewal if they have not already applied to renew the registration of the trade mark.

Making an application to renew a trade mark

An application to renew a trade mark is made by completing and sending to the Intellectual Property Office form TM11 together with the renewal fee.

Form TM11 can be obtained from the Intellectual Property Office or downloaded from their website.

Up to date information on the fee payable and how payment can be made can be obtained from the Intellectual Property Office or found on their website.

What happens after the application to renew the trade mark has been made?

The Trade Marks Registry will then send the trade mark owner a “Renewal Certificate” confirming that the trade mark has been renewed for a further 10 years.

What if I fail to renew my trade mark on time?

If a trade mark owner fails to renew their trade mark on time the trade mark will expire. However, the trade mark owner can still apply to renew the trade mark within 6 months of the expiry of the renewal date. An additional fee is payable upon the application to renew a trade mark after it has expired. Up to date information on the fee payable and how payment can be made can be obtained from the Intellectual Property Office or found on their website.

If a trade mark owner fails to renew their trade mark within 6 months of the expiry of the renewal date they can apply for the trade mark to be restored provided that they do so within 6 months (i.e. within 12 months of the renewal date). This is done by completing and sending to the Trade Marks Registry form TM13, a signed written statement explaining why the trade mark owner failed to renew their trade mark together with the renewal fee that would have been paid had form TM11 been completed and an additional fee for restoring the trade mark (it is not necessary to complete form TM11 when applying to restore a trade mark). Form TM13 can be obtained from the Intellectual Property Office or downloaded from their website and up to date information on the fees payable and how payment can be made can be obtained from the Intellectual Property Office or found on their website.

If the Trade Marks Registry agrees to restore a trade mark it will restore the trade mark to the register and will send the trade mark owner a Renewal Certificate. The trade mark will be renewed for 10 years from the original date of registration.

If the Trade Marks Registry is not satisfied with the reasons provided by the trade mark owner as to why they failed to renew their trade mark the application for restoration of the trade mark will be refused. If the application is refused the Trade Marks Registry will write to the applicant providing reasons for the refusal and will refund the renewal fee paid. It will not, however, refund the restoration fee. The trade mark will at that stage be removed from the register.