IP Intelligence › Ask a Question › My trademark registration is about to expire or has expired
Guided answer
My trademark registration is about to expire or has expired
Trademark registration lasts ten years and can be renewed. What you can do depends on how long ago it expired.
The restoration period has passed; consider a new application.
High complexity - significant legal consequences
- Section 25(4) allows restoration within one year of expiry. After that, the sections we checked do not provide a restoration route.
- File a fresh application for the mark; a new application is judged against marks on the register and in the pipeline today, so earlier registrations of others may now block you.
- Rights built through actual use may still exist even without registration. Ask an advocate how to protect and prove them.
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