The right to a trademark is acquired through registration, effective from the date of filing the application.
The application is filed with the competent authority in the territory where you are seeking protection (the trademark has effect in a specific territory). After filing, the trademark undergoes an examination and if it meets all the formal, absolute and relative grounds in the law, it is registered.
In addition to its territorial nature, the right to a trademark is also limited in time.
Term of validity of the trademark
The term of validity of the registration is ten years from the date of filing the application.
That is, the term of validity of the trademark registration is ten years, but it should be taken into account that this term does not start from the date of receipt of the trademark registration (receipt of a trademark registration decision), but from the date on which the trademark was applied for!
Trademark renewal
The ten-year term can be extended without time limit for new periods of 10 years. This is done by renewing the validity of the trademark.
Renewal is done with the office where the trademark is registered, it is bound by carrying out a renewal procedure and paying fees.
Renewal ends with the issuance of a document – a renewal certificate.
Renewal procedure
The registration of a trademark shall be renewed at the request of the owner, accompanied by a document of paid fee.
The request may be filed in the last year of the term of validity of the trademark or up to six months after the expiration of this term with payment of an additional fee.
Where the owner requests renewal of the registration for only part of the goods or services for which it is registered, the request shall also indicate for which goods or services the renewal is requested.
The renewal shall take effect from the day following the date on which the term of the previous registration expires.