Trademark Renewal: Deadlines, Costs and the 6-Month Rule

Your trademark is not protected forever, but you can keep renewing it indefinitely. Under Section 47(1) and (2) MarkenG, protection runs for ten years from the filing date and can then be renewed for further ten-year periods as many times as you like. At the DPMA, that costs 750 euros for up to three classes. Miss the deadline and you risk surcharges or, in the worst case, cancellation of the trademark. This guide walks you through the deadlines, the real costs at the DPMA and the EUIPO, and the rule many people only learn about once it is already too late. (Not legal advice, just practical know-how.)

Key Takeaways

• Term of protection: ten years from the filing date, renewable indefinitely (Section 47(1)/(2) MarkenG).
• DPMA renewal: 750 euros (up to three classes); EUIPO: 850 euros (one class), depending on the office.
• Six-month grace period after expiry, but with a surcharge: DPMA a flat 50 euros, EUIPO 25 percent, capped at 1,500 euros.
• Without payment within the grace period, the trademark is cancelled retroactively to the expiry date (Section 47(8) MarkenG).

Before you even get to renewal, it pays to look at the stage that comes before it: searching your trademark before you file saves you a lot of trouble later.

The ten-year term of trademark protection

Protection for a registered trademark ends automatically ten years after the filing date, not the registration date (Section 47(1) MarkenG). By law, the office must notify you at least six months before expiry (Section 47(5) MarkenG); in practice, the DPMA sends its reminder as early as eight months in advance.

That eight-month window is a voluntary service from the office, not a guaranteed delivery channel. Mail gets lost, addresses change, emails end up in spam. If you rely solely on the letter, you are taking on a risk you do not need to take.

So enter the expiry date in your own calendar, ideally right when you file. Ten years is a long time, long enough for responsibilities inside a company to change hands. If the date only lives in the office's letter, you have no second safety net.

What does trademark renewal cost?

Renewal costs 750 euros at the DPMA for up to three classes, and 850 euros at the EUIPO for a single class (PatKostG, fee schedule item 332 100; Regulation (EU) 2017/1001, Annex I). The two offices calculate additional classes differently, so a direct comparison is worth doing before you pay.

The fee structures differ significantly between the two systems. The DPMA bundles up to three classes into a flat fee, with each additional class added individually. The EUIPO, by contrast, charges separately from the very first class, with a jump from the third class onward.

Office	Base fee	Additional classes
DPMA	750 euros (up to 3 classes)	260 euros per class from the 4th
EUIPO	850 euros (1 class)	+50 euros (2nd class), +150 euros per class from the 3rd

For a trademark with just one class, the DPMA works out cheaper, since its flat fee covers up to three classes anyway. With more classes, the picture flips quickly, because the EUIPO charges considerably more from the third class onward than the DPMA does. To see how these figures fit into your overall budget for research and filing, take a look at our overview of trademark search costs.

What is the 6-month rule for trademark renewal?

The 6-month rule means you should request renewal in the final six months before expiry, but you can also still catch up within six months after expiry (Section 47(6) MarkenG; Art. 53 EUTMR). What matters is what this grace period costs, because here the DPMA and the EUIPO differ fundamentally.

The two offices calculate their late surcharge on completely different logic, and this is rarely laid out side by side. The DPMA charges a flat 50 euros, regardless of how many classes or how much the trademark is worth (Section 7(3) sentence 2 PatKostG). The EUIPO, by contrast, charges 25 percent of the renewal fee due, capped at a maximum of 1,500 euros (Art. 53(3) EUTMR).

For small, single-class trademarks, the difference is minor. For larger portfolios, it becomes noticeable fast. A concrete worked example makes this clear:

• DPMA, six classes: Base fee 750 euros plus 3 times 260 euros for classes 4 through 6, totaling 1,530 euros. The late surcharge still stays at a flat 50 euros.
• EUIPO, six classes: Base fee 850 euros plus 50 euros (2nd class) plus 4 times 150 euros (classes 3 through 6), totaling 1,500 euros. The late surcharge is 25 percent of that, so 375 euros, far above the DPMA amount.

The more classes or the more expensive the filing, the wider the gap between the two systems grows. For very large portfolios, the EUIPO's 1,500-euro cap eventually kicks in, while the DPMA always stays at its flat 50 euros per item.

The renewal process at the DPMA

For a full renewal, paying the fee is enough, you do not need a separate form for it. Under Section 47(3) MarkenG, timely payment counts as the renewal request itself, as soon as it reaches the DPMA.

It is different only if you want to renew the trademark not in full, but for just part of the registered classes. For this partial renewal, the DPMA requires form W 7412, in which you state which classes should continue and which you are giving up.

In practice, this is exactly where people tend to trip up: anyone who accidentally makes only a partial payment, or has the wrong classes in mind, ends up renewing something other than what they intended. A representative is not required for renewal, you can file it yourself as the owner or authorize someone entitled to act on your behalf.

What happens if you miss the renewal deadline?

If neither the regular deadline nor the six-month grace period with surcharge is met, the trademark lapses retroactively to the original expiry date (Section 47(8) MarkenG). After that, the office sends no further separate warning, the deadline simply takes effect automatically.

In practical terms, that means protection ends as of the expiry date, even if the formal cancellation only becomes visible in the register a little later. During that gap, a third party can in principle file a similar sign without having to take your earlier trademark into account.

So do not wait for another reminder once the regular deadline has passed. Actively secure renewal within the six-month grace period, because there is no second safety net after that.

Renewal and the grace period for use: two separate deadlines

The ten-year renewal and the five-year grace period for use are often confused, but they are legally entirely separate. Renewal is a pure official fee under Section 47 MarkenG, due regardless of whether you actually use the trademark. The grace period for use, by contrast, only matters for defending against a cancellation request from a third party.

Under Section 26(1) and (5) MarkenG, you must put your trademark to genuine use, with the five years running from the point at which opposition against the registration is no longer possible. If you do not use it after that period expires, someone can request cancellation for non-use under Section 49 MarkenG, unless you resumed use more than three months before that request was filed.

These two deadlines can overlap in time over a trademark's life, but they are not connected in substance. A trademark renewed on time is therefore not automatically protected against a cancellation request for non-use. Pay for both and never actually use the trademark, and you remain vulnerable regardless.

Conclusion

The ten-year term of protection is not something that runs itself, it is a deadline you have to actively manage (Section 47 MarkenG). Enter the expiry date yourself, do not rely solely on the office's letter, and plan the costs realistically, 750 euros at the DPMA, 850 euros at the EUIPO, more depending on the number of classes. Miss the regular deadline, and you still have a six-month grace period, but with a surcharge, potentially far more expensive at the EUIPO than at the DPMA. Do not confuse renewal with the grace period for use, they are two separate matters. To see how these figures fit into your overall budget for a trademark application, take a look at our overview of trademark search costs. Facing a trademark opposition instead? That guide covers the deadline, process, and costs in detail. For borderline cases, such as disputed ownership or complex partial renewals, a specialized lawyer belongs at the table, this article does not replace legal advice.