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You have to renew your brand every 10 years. But you still have to think about it!
The value of renewal
This makes it possible to extend the rights attached to the trademark and to retain anteriority: a renewed trademark retains its original registration date.
The renewal reminder
The main problem with renewing every 10 years is that it is difficult to remember. So how do you think about renewing your brand?
The INPI, when it is time to renew, sends a renewal reminder to the address indicated in its registers. If, however, during these 10 years, the trademark owner has changed his address without informing the INPI, then the mail will probably not reach him: the INPI will send a reminder to the address indicated on its registers.INPI is under no obligation to search for the person. This is how many marks disappear from the registers, by forgetting to renew. When the holder changes address, it is strongly advised to make a change of address entry. See for this our ticket on this.
The other possibility, in order to be sure not to miss the fateful date, is to entrust the renewal reminder to an Industrial Property Attorney. The latter maintains a database with all its clients' brands and due dates. It is his responsibility to remind his clients of the brand renewal. If the latter have changed their address, he must search for them in order to deliver the information to them.
The price of brand renewal
Renewal fees are 250 € for 1 to 3 classes, and 42 € per additional class (December 2016).
The Scope of Renewal
It is not obligatory to renew in all classes and/or for all goods and services that were included in the original application. The renewal of the trademark may be an opportunity for "degreasing", to remove goods or services that may never have been used under that trademark, and which will never be used. Thus, this may reduce the cost of renewal (for example, a trademark that covered 5 classes and is renewed for only 3).
As usual, it is not possible to extend the scope of the mark at renewal. No addition of goods or services, or class is permitted. If you wish to protect your trademark for new products or services, a new application must be filed.
It is also not possible to change the appearance of the brand (change the name, change the logo...). Here too, a new trademark must be registered.
When to renew a brand?
The trademark must be renewed within 6 months prior to the anniversary date of the filing. Specifically, this date is extended to the last day of the month concerned.
For example, your trademark was registered on March 12, 2007, you have until March 31, 2017 to renew it.
Beyond this period, there is a grace period of a further 6 months during which it is still possible to renew the trademark upon payment of a surcharge of 50% of the total amount.
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