Can You Register An Expired Trade Mark?

A registered trade mark gives the proprietor a monopoly right to use the mark and to stop third parties from using or registering identical or similar marks in identical or similar goods and services.  A registered trade mark can be a very valuable asset for a business if used appropriately and kept valid and subsisting.

A registered trade mark can last in perpetuity as long as it is renewed every 10 years from the date of initial filing. The first trade mark registered in the UK is the Bass Pale Ale Red Triangle which was registered in 1876, and is still valid and subsisting 146 years later.  However, if you fail to renew your registered trade mark by the renewal deadline, your trade mark will expire and you will no longer have protection in the UK.  With that said, you will have an additional 6 month late renewal period to renew your trade mark at the UKIPO.  Due to a renewal being undertaken within the 6 month late renewal period, there are additional official UKIPO fees of £50.  If you renew your trade mark within the late renewal period, you will continue to have protection for a further 10 years.

If you do not renew your trade mark by the final deadline following the 6-month late renewal period, your registered trade mark will be listed as dead and you will not be able to renew it.

In the event this occurs, you can register an expired trade mark, however, as this would be a new application there may be earlier identical or similar marks on the register at this point which may cause risks you.   A trade mark’s earlier filing date is of great importance, which is why good portfolio management is key.

If you require assistance registering a trade mark or with regards to portfolio management and enforcement, we can help. Feel free to contact one of our expert solicitors on info@briffa.com.