Trademark renewal is an essential step in maintaining the protection of your commercial identity. I often find that renewal deadlines are not sufficiently anticipated.

Term of validity

A trademark filed with the INPI or the EUIPO has a ten-year term of validity from the filing date. Once this period has elapsed, renewal is required to extend protection.

When to renew

Renewal may be filed from six months before the anniversary of the filing date, at both the INPI and the EUIPO. These offices do not generally send reminders.

Grace period

If the deadline is missed, an additional six-month grace period after the expiry date is available at both the INPI and the EUIPO. Late fees apply. It is strongly advisable to avoid relying on this grace period.

Applicable fees

At the INPI: €290 for the first class, €40 per additional class. During the grace period, fees increase by 50%. At the EUIPO: €850 for one class, €50 for the second, €150 per additional class. During the grace period, fees increase by 25%. For the impact of Brexit on EU marks, see the article on Brexit and EU trademarks. For the initial filing process, see the trademark filing guide and the intellectual property services page.

Risks of non-renewal

Failure to renew makes your mark vulnerable. Third parties may file an identical or similar mark. Late renewal creates a period of legal uncertainty.

Conclusion

Plan ahead, calendar your renewal deadlines and engage a professional to monitor them. If you need help renewing your mark, book a call.

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