Trademark renewal in France and at EUIPO: how to proceed and deadlines not to be missed

Renewing a trademark is an essential step in maintaining the protection of your commercial identity. I often notice that renewal deadlines are not sufficiently anticipated, which creates emergencies or omissions in renewal. Here's everything you need to know to make sure you don't miss out on these crucial deadlines.

Trademark validity period: a reminder

A trademark, whether registered in France with the INPI or at the European level with the EUIPO, has an initial validity period of ten years. This period starts on the date the trademark is registered. After this decade, a renewal is necessary to extend the protection for another ten years.

When can a trademark be renewed?

Renewing your trademark is not something to be done at the last moment. In fact, you can renew your brand from a well-defined period before expiration:

• In France (INPI): you can renew your trademark from six months before the anniversary date of the initial registration.
• In the European Union (EUIPO): the early renewal period is the same, starting six months before the expiry of the trademark.

The INPI and EUIPO generally do not send reminders, it is up to you to be proactive and note the renewal date of your trademark.

What should you do if you miss the due date?

If you forgot to renew your trademark before the expiration date, luckily there is an additional grace period that allows you to correct this oversight:

• In France (INPI): you have an additional grace period of six months after the expiration date to renew your trademark, but be careful, additional late fees apply.
• To the European Union (EUIPO): again, you benefit from a grace period of six months after expiration, with additional costs.

It is strongly recommended to avoid entering this grace period, as this increases costs and may generate temporary legal uncertainty.

What are the applicable fees?

Renewing a trademark involves specific costs, which vary depending on the office concerned and the period during which you carry out the process:

• In France (INPI): the standard renewal cost is currently €290 for the first class of products or services, and €40 per additional class. If you use the grace period, additional costs are added up to 50% of the fee due.
• At the European Union (EUIPO): the basic rate for renewing a European trademark is €850 for one class, €50 for the second, and €150 for each additional class. Again, if renewed during the grace period, the fees increase by 25%.

Why is it essential to meet these deadlines?

Respecting these deadlines is not a simple administrative formality. By not renewing your trademark on time, you are exposing yourself to several risks:

• Loss of exclusive rights: your trademark becomes vulnerable, and third parties may register an identical or similar trademark.
• Legal uncertainty: late renewal creates a fuzzy period during which your protection is not clearly established, which can lead to litigation or disputes.
• Additional costs: late fees significantly increase the overall cost of renewal.

Best practices for effective renewal

To avoid any inconvenience associated with renewing your trademark, here are some practical tips:

• Plan ahead: clearly write down the due dates in your professional calendars and anticipate the steps several months in advance.
• Verify contact details: ensure that the information held by the INPI or EUIPO is up to date to receive renewal notifications on time.
• Consult a professional regularly: a trademark lawyer can monitor these important deadlines for you, thus avoiding costly oversights.

Conclusion

Renewing a trademark is an essential strategic step in protecting your intangible assets. By respecting the prescribed deadlines and by sufficiently anticipating these steps, you secure your trademark in the long term while avoiding unnecessary costs and legal complications. If you need support to renew your trademark in France or at EUIPO, I am at your disposal to guide you through this procedure.

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