Renewing a European Union trademark (EUTM) is an administrative task, but it is based on a larger legal principle: a mark gives its owner exclusive rights only as long as they are willing to keep it up. Businesses can avoid losing protection for their brands by knowing the time limits, procedural requirements, and costs involved in IP renewal EU.
Trademark Validity Period in the EU
An EUTM’s validity period is ten years from the filing date of the original application. This ten‑year term is not a hard limit; it can be extended perpetually in ten‑year increments as long as the owner files a renewal and pays the official fee. The idea behind this structure is that rights in a trademark last indefinitely in exchange for continued upkeep.
EUIPO’s public database and the registration certificate both show the precise expiry date, which is calculated from the filing date. If a registration is not renewed on time, it lapses, and the exclusive rights end. Notably, failure to maintain a mark does not preclude a new application, but the owner would need to start from scratch and could lose priority to intervening filings.
When to Start the Renewal Process
EUIPO does not expect owners to watch the calendar unaided. At least six months before the expiry date, the Office sends a written reminder to the proprietor and any licensees or other right‑holders, advising that the registration is approaching expiry. This reminder is a courtesy; failure to receive the notice does not change the statutory deadlines.
Owners can file a renewal request and pay the fee during the 6‑month period preceding the expiry date. The Office processes renewals quickly – typically in about 2 months – and issues a certificate of renewal when completed. Starting early avoids the higher costs and administrative uncertainty associated with late renewal.
Required Documents and Forms
The renewal request itself is straightforward. EUIPO’s guidelines explain that the request must identify the EUTM registration number and provide the name and address of the person submitting it, whether that person is the proprietor, a successor, or an authorized representative.
Payment of the full renewal fee, accompanied by a statement that the payment is for renewal, can also serve as a valid request when the standard non‑discounted fee is paid in full. No evidence of use of the mark is required for renewal – although, separately, an unused mark may be vulnerable to a non‑use cancellation action after five years of inactivity.
When filing electronically via EUIPO’s e‑renewal tool, entering the applicant’s name in the form is deemed to be a valid signature, meaning there is no need for a handwritten signature.
Renewal Fees and Payment Options
EUIPO offers a financial incentive to use its online e‑renewal service. Renewal of an individual EUTM through the user area costs €850 for one class of goods or services; the fee rises to €900 for two classes and €150 for each additional class. Renewing via paper form or alternative electronic submission (such as a signed PDF sent by post) costs €1 000 for the first class, but the fee structure for additional classes is the same.
A 25% surcharge applies if the renewal is filed during the grace period. EUIPO must receive payment in euros; the Office accepts online payment, bank transfer, and credit‑card options. Payment can accompany the renewal request or arrive shortly afterward, but the request is not processed until the fee is paid. A single renewal application can cover multiple EUTMs or designs if the filer pays the requisite fee for each registration.
Grace Period and Late Renewal Penalties
The standard renewal window closes on the expiry date, but EUIPO provides a further six‑month grace period beginning immediately after the expiry date. During this grace period, the proprietor can still file the renewal and pay the fee, but EUIPO adds a 25 % late surcharge. The surcharge is calculated on the total renewal fee and capped at €1 500.
If the renewal is not filed and paid before the grace period ends, the registration is canceled and removed from the Register. After removal, the only way to regain protection is to file a new trademark application, which sacrifices the original priority date and exposes the brand to potential conflicts. Owners therefore have a total of twelve months – from six months before expiry until six months after – to keep their EUTM alive.
How to Submit a Renewal Application
EUIPO encourages applicants to use its e‑renewal system within the User Area. This portal calculates fees automatically, offers a €150 reduction on the basic renewal fee, and provides immediate electronic confirmation of submission. Users can also store data for multiple marks, making it convenient for portfolio owners to renew several registrations at once.
If applicants cannot access the e‑renewal system, they may send a signed form by post or courier; the guidelines note that these back‑up methods are accepted if a technical failure prevents online filing, particularly during the last three working days before the deadline.
The person submitting the renewal does not need to be the registered proprietor. The proprietor, a successor once the transfer has been recorded, or any person expressly authorized by the proprietor (such as a licensee or representative) may file. Professional representation is not mandatory for renewal, but non‑EU residents must appoint a qualified European trademark attorney to act on their behalf. After EUIPO processes the request and payment, it issues an official confirmation and updates the public register; the renewal takes effect the day after the previous term expires.
The most convenient option is the Pocket IP renewal service, where the process takes a few clicks.
Conclusion
Managing a European Union trademark requires attention but not complexity. Registrations last for ten years and can be renewed endlessly. EUIPO proactively notifies proprietors six months in advance, and the law provides a generous window – six months before and six months after the expiry date – to file the renewal. The administrative requirements are light: a simple request identifying the registration and payer, accompanied by the correct fee, is sufficient. Using the online e‑renewal system reduces costs and expedites processing.
However, owners who neglect renewal lose their rights and must reapply, potentially facing opposition or losing their priority date. A considered renewal strategy, therefore, safeguards the longevity of a brand and avoids unnecessary expenses.
