Trademark Registration - Renewal or Change

A legally registered trademark remains valid for ten years from the official date of registration. To protect the trademark, any or all goods and services produced or provided in connection with that trademark, and the legal rights connected to that particular trademark, the owner must renew it on the tenth anniversary of the original filing date. After that, the owner or other legally permitted person may renew that particular trademark every ten years, theoretically for ever.

Under the idea of "Restoration," if the owner does not renew the trademark registration for a period of sixth months after the renewal date, he or she may actually renew any time for an additional six months.

Legally transferring ownership of a trademark to another person or company is possible. Transfer is also possible in the event of the merger of two companies. If the owner of a trademark employs a trademark attorney, that attorney may be changed at any time, by filing a form (TM33) with the United Kingdom Intellectual Property Office (UKIPO). Similarly, such an attorney may be appointed at any time by filing the same form.

Any change to the owner's name or address included in the original registration application must be reported to UKIPO. Then, UKIPO's staff will update the trademarks register. In case there is a clear error in the original application or trademark registration, the applicant should also contact UKIPO to correct the error, such as a misspelled name.

Occasionally, an owner wishes to assign some of the legal rights to another person or entity. Transfer of such rights often includes one or more goods or services. However,
an important point is that once the trademark owner surrenders any or all of the rights granted under the original trademark registration, those rights can never be reinstated. A license is required to legally allow a person to use another's trademark. Any terms specified in the license are strictly between the original owner (licensor) and the licensee. UKIPO does not have any authority to investigate the license. Yet, UKIPO does offer a particular form (TM50) which the licensor or licensee may file. UKIPO will then record that license on the trademarks register. Finally, if the license is in effect for a limited time, or in case any license details are changed, the owner should submit Form TM51. This information will also be recorded on the trademarks register.

If the original owner wishes to cancel the trademark, and therefore also the connected legal rights, he or she may do so at any time.

Interestingly, an owner may use Trademark Registration as financial security for a loan. The lender (mortgagor) has certain legal rights until the borrower repays the loan. The original owner or the mortgagor may register the loan (mortgage) with UKIPO via Form TM24. This information is also recorded on the trademarks register. Once the loan is completely repaid, UKIPO will cancel all details from the register. Both licensing and mortgaging forms require a fee of 50 pounds per form.