When we register an industrial property right, we know that it is only for a period of years. Once this period of time is over, we have the possibility to renew the registration of a trademark. In the case of the renewal, this may lead to the expiration or invalidity of the same.
The expiration supposes the extinction of the right of industrial property because the obligations that the law requires are not fulfilled. As for example: the payment of maintenance fees or the exploitation of the right. On the other hand, the nullity of a property right means the non-existence of the right. An example may be not meeting the requirements of the law or that the owner does not have the right to obtain it.
We can consider an expired trademark registration when the following aspects occur.
Failure to renew the registration of a trademark. When we register a trademark, it grants the owner of said registration a period of 10 years renewable indefinitely of protection thereof. To renew the registration of a trademark it is necessary for the owner to request the renewal. Being, said request, it is presented on time, before a competent body and the payments of the renewal fee have been made. Therefore, if it is not renewed under the terms of the law, the trademark expires.
Resignation made by the holder of the registration of a trademark. The holder of the registration of a trademark may submit in writing to the SPTO a declaration of renunciation of the trademark registration. It is at this moment when we can consider that the trademark registration has expired.
Aspects to take into account in the renewal of the registration of a trademark.
It is very important to know the moment when the trademark registration was carried out, because ten years later it will be the end date of the registration. Therefore, it is the deadline for the renewal of the trademark registration.
At this point we must know two concepts to take into account.
Priori. The renewal of the trademark registration can be requested a few months before the expiration date of the application.
Subsequent: You can renew after the expiration date. Due to the fact that they have a few subsequent months to renew, a period that is considered: grace period. But performing the renewal in this period implies heavy surcharges in the amounts of the official renewal fees. That is why it is not advisable to resort to this period, not only because of the cost of more than the renewal but because you risk carrying out the renewal in a period exceeding the established period and therefore losing the age of the brand.
Carry out the renewal of a trademark registration through professionals.
The management necessary for the renewal of a trademark registration is simple, but it is advisable to do it with experts. How are the services offered by Lidermark, mainly due to the following reasons:
They will make the notice of the renewal clearly and with a sufficient period of time to be able to carry out the renewal without any additional cost.
The realization by professionals of this renovation has a lower temporary cost. In addition, to have the security of the correct completion of the procedures.
As for the cost of the renewal it is not fixed. This varies depending on the number of classes that the brand includes and therefore has to be renewed.
As we can see, different aspects have to be taken into account to carry out a correct renewal of the registration of a trademark. That is why Lidermark puts at your disposal a contact form to get in touch and comment on all doubts about the registration of industrial design, about registering patents or about registering a trademark.