According to the EUTMR (REGULATION (EU) 2017/1001 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL) – a European Union trade mark (EUTM) is valid for 10 years.
It can be renewed indefinitely, for 10 years at a time. That is set in art. 52 from the regulation stating that:
EU trade marks shall be registered for a period of 10 years from the date of filing of the application. Registration may be renewed for further periods of 10 years.
The conditions for EU trade mark renewal are:
– filing an explicit request for renewal of the registration;
– payment of fees.
The request for renewal can be made in the six-month period prior to the expiry of the registration.
In case the request is not made prior to the expiration of the trade mark or the fees are not paid on time – the mark will not be renewed.
The request for renewal of the European Trade Mark may be submitted and the fees paid within a further period of six months following the expiry of registration, provided that an additional fee for late payment of the renewal fee or late submission of the request for renewal is paid within this further period.
The basic fee for renewal is as follows:
– Basic fee for the renewal of an individual EU trade mark (Article 53(3) EUTMR) – 1000 EUR;
– Basic fee for the renewal of an individual EU trade mark by electronic means (Article 53(3) EUTMR) – 850 EUR;
– Fee for the renewal of the second class of goods and services for an individual EU trade mark (Article 53(3) EUTMR) – 50 EUR;
– Fee for the renewal of each class of goods and services exceeding two for an individual EU trade mark (Article 53(3) EUTMR)
The EU trade mark can be renewed in full or only for some goods / services (classes) in which the EUTM proprietor has real interest (partial renewal). In such case the fee should be paid only for the goods / services which are subject to renewal but the EUIPO should be explicitly informed for which goods / services the EU trade mark the EUTM proprietor wants to renew.
The EUIPO will issue an official written confirmation of the renewal to the EU trade mark owner or its representative a few days after the actual expiry date of the EUTM.
The renewal shall take effect from the day following the date on which the existing registration expires. The renewal shall be registered and published in the EUIPO official bulletin.
A single request for renewal may be submitted for two or more marks, upon payment of the required fees for each of the marks, provided that the proprietors or the representatives are the same in each case.
