Trademarks: Should you Extend them or Apply for a new one?

von Dr. Meyer-Dulheuer & Partners LLP

The protection period of a German trademark or of a European community trademark lasts for ten years. Indeed after your trademark’s protection has expired, it can be extended. The extension can be requested as often as you want to that means every time the trademark protection has expired. For this purpose no big effort is required, you only need to file an application and pay a renewal fee. But there seems to be one problem: Everybody who takes the time to review and compare the costs will see that a trademark extension is more than twice as costly as a new application. So wouldn’t it be better just to file a new application? We’ll explain you why we really wouldn’t advise you to do this despite the huge savings.

A comparison of the Costs: Trademark Extension vs. Trademark Application Fees at the German Patent & Trademark Office

Application

Extension

Fees (including fees for up to three Nice classes)

300 €

750 €

every additional Nice class

100 €

260 €

Fees at the Office for Harmonisation in the internal market

Application

Extension

Fees (including fees for up to three Nice classes)

900 €

1500 €

every additional Nice class

150 €

400 €

Why can’t I avoid the costly Extension by filing a new Trademark Application?

If you would like to extend your trademark, it doesn’t need to pass the examination procedure for a second time. This means that once your trademark has been officially registered the protection can’t be deprived (unless anyone initiates an opposition proceeding). The extension could only lead to a reclassification with other Nice classes. But if you really want to avoid the high costs of the trademark extension and therefore want to file a new application, your trademark consequently would have to face an examination again ...

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