Trademark renewal rules in the European Union

2021-03-04 20:36:03

Validity of an EU Trademark: 

A European Union trademark is valid for 10 years.

Process for trademark renewal in for an EU trademark:

The renewal request can be done using the EUIPO's online request form. EUIPO will inform the owner or their representative Six months before expiry of the registration that the registration is due for renewal. The legal representative shall assess the trademark and determine if any updates are required. A request for renewal can be made and the fees to be paid in the six-month period prior to the expiry date of the registration. The latest possible date for requesting the renewal and paying the fee is the expiry date of the trademark. An additional six-month grace period for renewal starts on the day following the date of expiry. During this period an additional fee of 25 % will be charged.

Grace period for late renewal of an EU trademark:

If no request has been filed in time, late renewal is still possible within an additional period of six months. The late request for renewal must be submitted and the renewal fee plus a 25% surcharge paid within this grace period, which starts on the day following the date of expiry. 

If the owner of an EU trademark chooses not to renew the trademark and would like to maintain the rights in certain Member States, then an application for conversion can be filed to transform an EU tradmark into a national one. This request must be filed within three months from the end of the additional period for renewal.

Fate of non-renewal of an EU trademark:

If no request for renewal is submitted, or it is submitted after expiry of the grace period(six months), the EUIPO will inform the European Union trade mark (EUTM) owner in writing that the trademark has been cancelled and removed from the Register, and a notice will be published in the EUTM Bulletin.

An EU trademark may also be partially renewed, for example, if an owner seeks only to renew certain classes.

Since leaving the EU on 31 January 2020, the UK’s transitional period ended on 31 December 2020; the UK is now separate from the EUIPO.

Read our blog about renewals in the USA

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