IP IntelligenceIP Lex ›Sign inBook a service

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.

File a surcharge renewal within six months of expiry.

Urgent - a deadline or loss of rights may be close

  • If the renewal fee was unpaid at expiry, the mark may be removed from the register, but removal does not occur if a surcharge application under the proviso to section 25(3) is filed on Form TM-R within six months of expiry (rules 58-59).
  • The Registrar sends a notice on Form RG-3 to the address for service not more than six months before expiry. Check the address for service on record is correct.
  • Pay the fee and surcharge shown in the First Schedule; we do not quote amounts.

Start again

Not sure whether this applies to your invention?

The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.