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Trademark

Do not forget to renew your trademark every 10 years

Published

The term of protection of a registered trademark is 10 years from the filing date and it can be renewed for successive periods of 10 years (Industrial Property Law No. 6769 (SMK), Art. 23).

When is it renewed? The renewal request is made within the six months preceding the date on which the term of protection expires. If this period is missed, renewal can still be made within six months of that date upon payment of an additional fee (IP Law Art. 23).

What if the additional period also passes? Trademark protection ends. A new application can be filed for the same sign, but this is a new application: if someone else has filed a similar application in the meantime, that party has priority.

What should be checked at renewal? Are the goods and services for which the trademark is used still the same? Has the ownership or the address changed? In addition, if a registered trademark is not used for five years without a justified reason, it may face a request for revocation. Renewal is a good time to review these matters.