A registered trademark is not maintained forever automatically. Renewal should be monitored as part of a trademark portfolio so valuable registrations are not lost through missed deadlines.
The MyIPO Guidelines state that a request for renewal may be made within six months before the expiry date. Section 39 also provides for renewal after expiry within the permitted late-renewal period, subject to the applicable requirements.
Section 39 provides a six-month period after expiry in which renewal may still be requested with the applicable surcharge. If the mark is deemed removed, restoration may be requested within the further period provided by the Act.
A business with several trademarks, classes or jurisdictions should monitor renewal dates systematically. This reduces the risk of losing rights because an expiry date was overlooked.
Ten years from the date of registration, with further 10-year renewal periods available.
The Act provides a late-renewal period and a restoration mechanism, subject to the applicable requirements and time limits.
Every trademark matter depends on the mark, goods or services, ownership and surrounding facts. Speak to OCTIP for a practical assessment of your situation.
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