EU Trademark Expiry

[Deggle]

Hello,

I'm hopeful someone can help with my query, there may be a quick answer for someone who knows about this area?!

There is a trademark I'm looking to register which has previously been registered (but as far as I'm aware not used for years) by Arcadia Group. The trademark was registered back in 2005 as a EU community trademark, with an expiry/renewal date back at the start of 2015.

FYI, before anyone recommends I stay clear and find a different brand - it's quite similar to a trademark I already own, but with a word dropped and it would be good to re-brand to the shorter brand name. I can find no reference on the internet of the mark ever being used at all so I'm guessing it was registered because it was used for a short term promotion or something like that.

Records at OHIM show that around 12 months ago the standard renewal and expiry etc. letters were sent out (to an IP form Arcadia must use for this stuff) and there is no sign of the trademark being renewed and the 'CTM Expiry' date is around 8 months ago. I believe (may be wrong) that the standard time for registered trademarks to drop to 'Expired' is 6 months from expiry.

However - it doesn't seem to have expired. I've been checking for months and the UK IPO and OHIM still list it as 'Registered'. No sign of it being dropped...

Why is this? Will it ever expire?

Does anyone have any insight?

Many thanks,

Tim

 

[F_B]

Without knowing the registration number I cannot be definitive, but you're right that there is a 6 month grace period within which the registration can be renewed.

The grace period is the six months following the last day of the month in which protection ends.

However, the proprietor can, within 1 year following the end of the 6 month grace period apply to have the registration reinstated.

This would be a difficult procedure as the proprietor would need to demonstrate that they were unable to comply with the 6 month grace period despite all due care required by the circumstances having been taken.

So, to answer your question, the trademark will irrevocably expire 1 year and 6 months from the end of the calendar month in which protection ended.