The national protection of your trademark can be renewed for a further ten-year period.
Who can renew?
The holder of the trademark entered on the national Trademarks Register.
If a part of the trademark has been sold, each holder will renew the trademark for their own particular goods and/or services.
The holder may also enlist the services of an agent (see Step 3 of the trademark filing process in the section “The Registration process” under the heading “Registering a trademark”).
IMPORTANT: if the person renewing is not the person who registered the trademark (due to a takeover or merger, for example), it is essential to register the change of ownership in the national Trademarks Register before renewing or, at the latest, when the renewal application is filed. If the trademark was bought and sold several times before you acquired it, you must ensure that all of the previous holders were properly entered on the Register. If not, you will need to register the ownership transfer contracts.
When to renew
In the six months leading up to the anniversary date of the first filing, or within a maximum of six months after that date (renewal after the anniversary date will incur an additional late fee). The anniversary date is the date on which your registration application was filed, plus ten years.
EXAMPLE: for a registration application filed on 10 August 2001, the anniversary date is 10 August 2011.
NOTE: if the anniversary date falls on a Saturday, a Sunday or a public holiday, it will be automatically be deferred until the next business day on which the Office is open.
The Office does not issue reminders, and it is therefore the responsibility of the trademark’s holder to renew their rights.
How much does it cost to renew a trademark?
The cost of filing a renewal application varies according to the number of classes in which protection is sought, and also the date on which the renewal application is filed.
|
Trademark renewal application |
150 euros | This fee must be paid when the application is filed, and includes 3 classes. |
| Additional class over and above the third. | 30 euros per class | This fee must be paid when the application is filed |
| Additional late fee, if your trademark is renewed within six months following the anniversary date | 50 % of the amount | This fee must be paid when the application is filed |
How to renew
Step 1 - Complete the renewal application
Using the interactive form.
IMPORTANT:
- Graphic elements of the trademark may not be altered.
- The scope of protection (designation of goods and/or services) of the previous filing may be reduced but may under no circumstances be expanded or modified.
NOTE: if your trademark has changed or if you want to expand the scope of protection, you will be required to file a new application for registration.
Step 2 - Attach required documents to the renewal application
If the holder is using an agent, the renewal application must be accompanied by a power of attorney (see Step 3 of the trademark filing process in the section “The Registration process” under the heading “Registering a trademark”).
If your application for registration was initially accompanied by some form of permission, due to its use of a reproduction or imitation of elements belonging to a third party, a new document granting permission for the next ten years must be attached to your renewal application.
IMPORTANT: Failure to provide these documents may cause the renewal of your trademark to be delayed, or in some cases may even result in your application being rejected.
Step 3 - File your registration application with the Office and pay the required fees
Once you have all of the necessary documents (two copies of the renewal application along with any official documents such as a power of attorney or permission), you should deliver them to the Office by hand along with payment of the corresponding fees.
NOTE: Applications must be submitted in person and may not be filed by mail, email, fax or any other means.
The Office will hand one copy of the renewal application back to you, along with a receipt indicating the filing number, date and time, and the amount of any fees paid. This receipt must be signed by the applicant, indicating their name and position or capacity.
Step 4: The Office examines your application
Within two months following your filing, the Office will examine your renewal application. This is an administrative examination to check that your application meets formal requirements (has the application been completed correctly, is permission provided, is the trademark being renewed identical to the first filing, has the scope of protection been expanded, etc.).
If there is a problem with the application, the applicant will be notified and will then have eight days to remedy the situation.
If no observations have been provided or the application not corrected within this period, the Office will inform the applicant that their application is inadmissible or has been rejected.
NOTE: the filing of an application for renewal is not published. Consequently, correspondence between the applicant and the Office during this period of examination will remain confidential.
Step 5: The Office renews your trademark
If your application is in order, the trademark is renewed by the Office within three months following the filing date. Your trademark will then be protected in the national territory for a new period of 10 years, starting from the anniversary date.
The Office will inform you that renewal of your trademark has been granted and invite you to collect the ownership title, also known as a “certificate of registration”. This certificate reproduces all of the information filed when you made your application. The Office will also arrange for the renewal to be published in the Annex to the Official Journal of Monaco.
IMPORTANT: In the general interest, it is advisable to read the certificate of registration carefully and inform the Office of any errors as quickly as possible (see section entitled “Reporting an error” under the heading “The life of your trademark”).