The importance of trademark renewal.

Renewing and maintaining a trademark is an essential step in ensuring continued brand protection.

According to the Trademark Law (Law 84/1998) the registration of a trademark takes effect starting from the date of the regulatory filing of the trademark and has a validity of 10 years. After this deadline has expired, trademark renewal becomes an essential step in managing and protecting brand rights.

The renewal of the trademark is a different administrative process from the initial procedure of registering them. The initial trademark registration involves a series of steps that include filing an application, examination of the application by OSIM and, in certain cases, oppositions from other interested parties. This procedure can be complex and may take longer.

On the other hand, trade mark renewal is generally a simpler administrative procedure. There are no thorough examinations or opposition periods to delay the process. This makes renewal a faster and more predictable procedure.

The benefits of renewal are as follows:

  • Trademark renewal ensures that the proprietor continues to hold exclusive rights to his trademark, thus ensuring continued protection against unauthorized use of it.
  • Brand renewal helps to preserve the reputation built around the brand and ensures business continuity and customer loyalty.

In the brand renewal process, there are a few important aspects that you need to keep in mind:

  • The application for renewal of the trademark registration can be submitted by the   trademark owner or by another person authorized to do so by law or by a contract.
  • The renewal application must be registered no later than 6 months before the expiry of the trademark registration. The renewal of the trademark takes effect from the day immediately following the expiry of the current term of protection. This ensures a smooth transition between the old protection period and the new one.

     If you need assistance in the procedure of renewing a trademark at OSIM or at European level, you can contact a legal advisor from the TAS Agency.