One of the matters that frequently generate confusion about the renewal of trademarks is the registration of international trademarks and their corresponding renewal. A trademark filed at WIPO has a term of 10 years, renewable for equal periods.
For this reason we will try to clarify the most frequently asked questions about it.
Regarding the deadline for the renewal:
- It can be done from 6 months before the due date, corresponding to the application and shall take effect from the day after the date of registration expires.
- WIPO also provides an extra period of up to six months for renewal of a trademark, but with a surcharge on the official rate amounting to 50%, reason why this is not a recommended option.
Besides, there are many questions regarding the renewal itself. 5 main aspects to clarify them all:
- The renewal of an international trademark can be carried out only in the designated countries of interest. Therefore, is not necessary to renew the trademark in all countries in which it is in force.
- Depends on the first registration for a period of 5 years from the date of filing of the application. After that period, the international registration becomes independent of the basic registration and this may not be renewed.
- During the renewal, modifications to the trademark such as changes in the ownership, direction, etc. cannot be done. These arrangements must be made using the related application for modifications.
- In the cases in which is filed a request for designation of contracting States after the date of filing of the application, the international registration shall be valid only until the renewal date.
- A unique certificate of renewal of the trademark after the application for renewal and expiration of registration is issued. It is possible to request a certificate after the international registration.
DO YOU NEED AN INTERNATIONAL TRADEMARK RENEWAL?
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