The registration of a trademark is valid for a period of 10 years. At the end of this period, it must be renewed to continue to benefit from protection.
When and how to renew?
A registered trademark is registered for a period of 10 years, but is indefinitely renewable. If it is not renewed, it will no longer enjoy any protection and the property right will lapse. Each period of validity expires 10 years after the last day of the month in which it was filed and a notification from the INPI is sent to the owner 6 months before the end of the period of validity. Attention: mail is sent to the last registered address, so it is important to remember to notify the INPI of any changes.
Renewal of a trademark is possible within 6 months before the expiry date and no application will be considered before this date. However, it is in principle not possible to renew a trademark after its expiry date. However, an additional period of 6 months has been introduced: the grace period. During this period, any renewal will be subject to a surcharge of 125€.
The renewal procedure has been greatly facilitated since it has been possible, since 2015, to renew directly online. Another possibility is to fill in the "renewal declaration" form in 5 copies and send it to the INPI.
Who has to renew?
In principle, the owner of the trade mark registered in the National Register of Trademarks to proceed with its renewal, but other hypotheses are possible.
Use of an agent
The trademark owner may call upon an professional representative to represent him. He will nevertheless be obliged to do so when he is neither established nor domiciled in France or in another Member State of the European Union or the European Economic Area.
In case of change of ownership
Where the person wishing to renew is different from the person who has carried out the registration of the trademarkThe change of ownership must be recorded in the National Register of Trademarks. Registration must therefore have been effected before or at the same time as the request for renewal.
In the event of a partial disposal
In that case, each co-owner of the mark must renew it only for the goods and/or services of which he is the owner.
Trademark modification at renewal
No modification of the trademark to alter the sign or extend the protection is possible after its filing, nor is it possible when it is renewed. On the other hand, the proprietor may reduce the list of goods and services at any time. At renewal, this is also possible, whether it is a question of deleting entire classes or only specific goods and/or services.
To broaden the scope of protection granted to the trademark, change its name or appearance, a new application is required but may be associated with an early renewal of the first trademark. The two marks will then be associated: they will have the same expiry date (that of the new application) and classes identical to both marks will only be counted once to determine the fee for the next renewal.