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Trade mark renewal

You can extend the registration indefinitely, renewing it for ten years at a time.

First, have another look at the certificate in the Introduction. You will see that there are two dates, namely the date when the application was filed, and the date when the registration certificate was signed and sealed. These are quite different. The date on which your application for registration was lodged is deemed to be the date of registration; and the date when the Registrar issues the certificate of registration is when registration was granted. Effectively, your registered rights (when granted) are backdated to when your application was filed.

The certificate also states that the registration lasts for 10 years. This period starts on the date of registration — not the date of grant.

Theoretically, before the expiry of the ten years, the Registrar sends a notification of the expiration date to your address of service, setting out any conditions (and the fee) for the renewal. Most IP firms maintain their own renewal diary system. They will ensure that their clients are informed that the registration is due for renewal, and will ask for your instructions.

Renewal is a simple procedure, a formality really. It is a good idea to renew the registration for another 10 years — unless, of course, you are not using the trade mark and have no intention of doing so.

If you do not renew the registration, it will lapse and no longer be of any force or effect.

A lapsed registration can be restored, but you will need expert guidance in this particular process.