Renewal

Illustrative example; names are placeholders and the facts are invented. Company A registered MARK A with the USPTO on 12 June 2017 and filed its sixth-year declaration of use on time. Under 15 U.S.C. §§1058(a)(2) and 1059(a), it must now file a combined declaration of use and renewal application within the year before the tenth anniversary, between 12 June 2026 and 12 June 2027. The declaration lists the goods on which the mark is in use in commerce, with specimens, or shows special circumstances excusing nonuse (§1058(b)). If the company misses 12 June 2027, a six-month grace period follows in which it can still file, with a surcharge. If nothing is filed by the end of that grace period, the registration is cancelled. Your counsel confirms dates and fees.

EU. Registration lasts 10 years from the filing date. Renewal is requested and paid in the six months before expiry, or within six more months after expiry with an additional fee. EUIPO informs the owner at least six months ahead, but its failure to do so does not stop expiry. (EUTMR Arts. 52, 53(2)-(3))

UK. Registration lasts 10 years from the date of registration, which is deemed to be the filing date. Renew within the six months ending on expiry, or up to six months after expiry with an additional fee. After removal, restoration is possible within six months if the failure was unintentional. (Trade Marks Act 1994 ss.40(3), 42, 43(3); Trade Marks Rules 2008 rr.35-37)

US. A registration stays in force for 10 years, but is cancelled unless declarations of use are filed between years five and six and with each 10-year renewal. Each deadline has a six-month grace period with a surcharge. (15 U.S.C. §§1058(a), 1059(a))

Switzerland. Registration is valid for 10 years from filing and is renewed for 10 years on request and payment. The request must reach the IPI within the last 12 months before expiry, and at the latest six months after it. (MSchG Art. 10(1)-(3))