Let us remember that the registration of a trademark gives the company the exclusive right to prevent third parties from marketing identical or similar products under the same trademark or using a trademark so similar as to create confusion. But this protection and exclusivity does not last forever.

The protection of a trademark or trade name lasts for 10 years, from the moment we file the application, and can be renewed for successive periods of another 10 years.

Do we have to wait for our trademark to expire before applying for renewal? No, such a renewal application can be filed within the 6 months prior to the expiry of the registration. Once the 10 years of trademark protection have elapsed, renewal may be applied for within 6 months of the expiry date, subject to payment of the surcharges for the fee:

  • During the first three months a surcharge of 25% is payable.
  • For the following three months (fourth, fifth and sixth months after expiry), a surcharge of 50% is payable.

renovacion de marca

Why is it important to renew our trademark?

Renewing a previously registered trademark allows companies to maintain exclusive ownership of the trademark and protect its commercial value in the marketplace. Otherwise, another company could take the opportunity to register the same trademark and use it to its own advantage. In such a case, the reputation of the original company could be damaged and cause confusion among its consumers.

Partial renewal of a trademark or trade name

An application for renewal of a trademark or trade name can be made by the trademark owner or by a successor in title. This second option would mean a change of name or assignment to a third party. Similarly, renewals may be partial, i.e. renewing only some of the classes in which the trademark or trade name is registered. In this case, it must be indicated in the application that it is a partial renewal, and which classes are to be renewed.

Can a trademark or trade name be surrendered?

Surrendering a trademark or trade name means the abandonment of rights by the owner and of the commercial protection that the trademark registration represents. This waiver may be total or partial, and in order to apply for it, a waiver application must be submitted with several pieces of information: the indication of partial or total waiver, the identification and address of the owner, the file numbers affected and the signature of the owner.

In the case of a partial waiver, two lists must also be submitted:

  • List of products and services to be maintained in force.
  • List of products and services to be waived.

In conclusion, there are several aspects to take into account when renewing the protection of our trademark, even if we wish to renounce it.

Lidermark, as official registrars of patents and trademarks, offers you its services as intermediary between your company and the Spanish Patent and Trademark Office, to help you to carry out this kind of procedures and to solve all your doubts.