Understanding Trademark Renewal: Why it’s Crucial for Your Business

Navigating the Complexities of UK Trademark Renewal

Why UK Trademark Renewal Matters

Maintaining a trademark in the UK is crucial for business longevity. Failing to renew it can result in loss of rights, making it available for others to claim. Fortunately, the process can be streamlined with proper planning.

Initial Steps to Take for Trademark Renewal

As a bare minimum before the renewal deadline approaches, make sure to assess your trademark portfolio. Gather all pertinent documents. This will help you identify which marks are critical for your business.

Ideally, you should be reviewing your Intellectual Property on an annual basis to assess where you may now have gaps.  Have you expanded into new products or areas this may mean you need protection in additional classifications? Do you have new taglines, brands or logos?  These would require additional applications to be made.

Determining the Timeframe

In the UK, trademarks last for 10 years from the date of registration. However, you can renew it up to 6 months before the expiry date. You can also renew it within the 6-month grace period after it expires, albeit with extra fees.

Many Intellectual Property specialists like nationalbusinessregister.co.uk offer watching searches on marks registered. 

Online or Paper Application: Which to Choose?

The UK Intellectual Property Office (UKIPO) provides an online portal so if you are looking to try and register a trademark yourself, you will have the option for online or paper applications.

What Happens After Submission?

After submitting the renewal application, you’ll receive a confirmation. However, if the UKIPO finds any issues, they will inform you. You must resolve these within a set period to avoid trademark cancellation.

Dealing with Objections and Complications

Sometimes, a third party might object to your trademark renewal. In such cases, legal guidance is strongly advised. Time is of the essence, as unresolved objections can jeopardise your renewal. 

Use it or Lose it

When you register a trademark it must be genuine and be commercially used, not just a token use to maintain the registration.  The owner needs to demonstrate the use of the mark in a way that corresponds to the goods or services which it’s registered.

In the UK, after 5 years of continuous non use a trademark becomes vulnerable to cancellation due to non-use.  This means that any interested party can apply to have a trademark removed based on the grounds of non use.

Key Takeaways

Renewing a trademark in the UK involves several crucial steps. From understanding the timeline to navigating the UKIPO’s system, staying informed can save both time and money. Always consult professionals for complex cases, and don’t forget the deadlines. 

Understanding the nuances of UK trademark renewal ensures you retain your intellectual property rights. By adhering to the guidelines and timelines set by the UKIPO, you protect your brand and business. Don’t let the complexities deter you; with proper planning, the process can be both efficient and painless.