Renewal

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According to subsection 50 (1) of the Trade Marks Act, the proprietor of the trade mark can, during one year prior to expiry of the term of legal protection of a trade mark, request renewal of the term of the legal protection of the trade mark for the next ten years.

The application for renewal of the term is to be submitted to the Reception of the Patent Office along with information concerning payment of the state fee. According to the subsection 104 (1) of the State Fees Act, the state fee for the renewal of the term of legal protection of a trade mark is €195.

If the proprietor of the trade mark has forgot it or if the renewal of the term has not been carried out for some other reason, the proprietor can, according to subsection 50 (2) of the Trade Marks Act, request restoration of the term for renewal of the legal protection of the trade mark within six months after the expiry of the term of legal protection of the trade mark.

The proprietor of the trade mark must in the case of restoration of the term pay in addition to the renewal fee of €195 also an additional state fee of €45 according to the subsection 106 (1) of the State Fees Act. Therefore, if the proprietor of the trade mark wishes to restore the term for renewal of legal protection of the trade mark and to renew the term of legal protection of the trade mark, he must pay a state fee in total of €195 + €45 = €240.

If the trademark is deleted from the register, the proprietor of the trade mark must again carry out the whole process of registration which includes filing the application, paying the state fee and passing the examination. That means essentially that the trade mark application will be considered as a new trade mark registration application at the Patent Office.

The Patent Office wishes to remind the proprietors of trade marks to pay attention and to keep in mind the term of legal protection and also the potential term of renewal of their trade mark.

Last modified 22.02.2017