Home / What can you do if a UK trade mark has expired?
7th October 2026
Helen Harmel, Associate
A UK trade mark registration lasts for ten years and can be renewed for further ten-year periods. Missing the renewal date does not always mean that the right is lost permanently, but the options narrow depending on how much time has passed.
If no more than six months have passed since the renewal date, the trade mark can be renewed upon payment of a late renewal fee (in addition to the ordinary renewal fee). No explanation for the delay is required.
Once the six-month late-renewal period has ended, renewal is no longer automatic. The proprietor may request restoration and renewal up to twelve months after expiry. However, the request must include a full statement explaining why the mark was not renewed on time. The UK IPO must be satisfied that the failure to renew was unintentional and therefore evidence should be provided which explains the proprietor’s usual renewal arrangements, what went wrong, when the problem was discovered and what was done in response.
Again, additional fees are payable for restoration.
If the registration is restored, there can still be consequences. In particular, the proprietor cannot bring an infringement action against a third party who, in good faith, has put goods on the market or supplied services under an identical or similar sign during the period from expiry until publication of the restoration.
If it has been more than one year since the renewal date, the registration cannot generally be restored. A new application should therefore be considered. However, the new filing is not a continuation of the expired registration. It receives a new filing date, is examined afresh, is published for opposition and may face intervening applications or registrations. Any priority, seniority or historic filing-date advantage attached to the old registration will generally be lost.
Expiry of the registration does not necessarily leave you without any protection. Depending on the circumstances, you may have other rights that you can rely on. For example: substantial goodwill and a damaging misrepresentation by a third party may support a passing-off claim; and copyright or design rights may protect aspects of a logo, packaging or get-up.
The options available following expiry depend on how quickly the issue is identified, so prompt action is essential. Late renewal or restoration may preserve the existing registration, while a fresh application and any other available rights should be considered if recovery is no longer possible.
The most effective safeguard is a reliable renewal system, supported by a professional representative recorded with the UK IPO, to ensure that future deadlines and renewal reminders are managed in good time.
If you need guidance on managing your trade mark registrations, please contact our intellectual property team at [email protected], or on 0161 832 3434.