How long is my trademark valid?
The mark is valid 10 yearsand she's indefinitely renewable in 10-year periods, in return for payment of a renewal fee. To date, the INPI fee is €290 for 1 class, and €40 for each additional class.
Does the INPI warn me that my trademark is expiring?
Yes, the INPI will send you an renewal reminder in the 6 months prior to the expiry date of your trademark. However, it will send this reminder to the last address you provided. Therefore, if you have forgotten to indicate a change of address via a registration procedure, the INPI will not try to find you.
When do I need to renew my brand?
You can renew your trademark 1 year before it expires.
For example, a trademark registered on March 16, 2019 expires on March 16, 2029 and can be renewed from September 16, 2028 to March 16, 2029 (excluding the grace period - see below).
Attention if you apply for renewal before this date, it will not be taken into account by the INPI.
I forgot to renew, am I entitled to an extension?
Yes, there is a grace period, which allows you to renew your trademark for a period of 6 months from its expiry date.
For example, a trademark registered on March 16, 2019 will expire on March 16, 2029 and can be renewed during the grace period between March 16, 2029 and September 16, 2029.
However, you will have to pay a additional charge corresponding to 50% of the amount of tax normally due.
Example: you have a 4-class trademark that you would like to renew in its entirety. The cost of renewal is €410 (290+3×40). If you renew during the grace period, you will have to pay €615 (€410 + €205 additional tax).
Can I change my brand at renewal time?
The change of trademark sign (name, logo...) is totally impossible during the life of the brand. Renewal is no exception. If you wish to change the sign making up your trademark, then you must file a new application.
The product/service modification the principle is that you can always reduce the reach of your brand, but never expand it. And so..:
- the deletion of products and services: it is authorized at any timeand therefore also at the time of renewal. You can delete entire classes or only certain goods or services that you are no longer interested in.
- the accuracy of products or services: you can also specify certain products or services, always provided that this results in an protection restriction of your brand. For example, your brand was aimed at fruits and vegetables, and you decide to limit the protection to organic fruits and vegetables.
Important it is totally impossible to add classes or goods/services to an existing class within an already registered trademark.
Who can renew the brand?
It is the trademark owner's responsibility to renew it, unless he has appoint a representative who can then do so on his or her own behalf. If the trademark owner is neither established nor domiciled in France or in another member state of the European Union or the European Economic Area, he cannot file/renew his trademark alone and must appoint an agent.
If the brand was sold to a third partyit's at him to renew the trademark because he is the new owner. However, he must first be the owner in the eyes of the INPI, through an registration change of owner. This registration must be made before renewal.
If the mark includes several holdersit is under thegeneral undivided ownership. Renewal being an administrative act, any co-holder can do it alone. It is then his responsibility to be reimbursed for the share of the taxes that was due to the other holders. In any case, payment of the fee to the INPI must be made all at once and by one person.
How to renew?
You can renew online if you have an INPI account. We can also help you with this procedure, making all the necessary checks beforehand (owner, trademark form, wording content, deadlines, etc.). We'll keep an eye on the next renewal deadline to make sure you don't miss out.
Don't hesitate to contact us !