What Happens When a UK Trade Mark Expires?

When a UK trade mark registration reaches its renewal date and the owner does not pay the renewal fee, the registration enters a defined process managed by the Intellectual Property Office (IPO).

The Renewal Process

UK trade marks are registered for an initial period of 10 years from the filing date. To maintain protection, the owner must renew the registration every 10 years by paying a renewal fee to the IPO. The IPO sends reminder notices approximately six months before the renewal date.

What Happens After the Renewal Date Passes

If the renewal fee is not paid by the due date, the mark enters a six-month grace period (also called the late renewal period). During this time, the owner can still renew by paying the standard fee plus a late renewal surcharge. The mark's status on the register changes to "Expired" during this period.

The Restoration Window

After the six-month grace period, the registration is removed from the register. However, there is a further six-month restoration period during which the former owner can apply to restore the registration. This requires paying the renewal fee, the late fee, and a restoration fee, along with a statement explaining why renewal was missed.

During restoration, the mark's status shows as "Removed".

Dead Status

If the owner does not restore the registration within the restoration period, the mark's status changes to "Dead". At this point, the registration cannot be revived and the formal protection granted by registration ceases.

Does This Mean the Name Is Free to Use?

Not necessarily. Even after a registration dies, the former owner may retain common law rights through continued use of the mark in trade. Under the law of passing off, a business that has built up goodwill in a name can prevent others from using a confusingly similar name, regardless of whether the trade mark registration is active.

Additionally, if the former owner is still using the mark, they could potentially oppose a new application or file a new application themselves at any time.

Opportunities for New Applicants

That said, an expired or dead trade mark registration can signal an opportunity. If the former owner has genuinely ceased using the mark, the name may be available for a new registration. Key steps before filing include:

• Searching the IPO register and Companies House for current use
• Checking whether the former owner is still trading under the name
• Conducting an internet search for current use of the mark
• Seeking professional advice from a trade mark attorney

This article is for informational purposes only and does not constitute legal advice. Always consult a qualified trade mark attorney before making filing decisions.