The solution to maintain exclusive ownership of your trademark is to renew it

The solution to maintain exclusive ownership of your trademark is to renew it

The renewal of a registered trademark is a key step for companies operating in Spain and the European Union. This process allows extending the legal protection of the trademark once its period of validity has expired.

Keeping a trademark renewed is essential to guarantee its exclusivity and preserve its commercial value in the market. If a company does not carry out the renewal on time, it runs the risk of third parties registering the same trademark and using it for their own benefit, thus affecting the reputation of the original company and generating confusion among consumers.

How to renew a trademark in Spain and in the European Union

The duration of a trademark is ten years from the date of filing and can be renewed before the Spanish Patent and Trademark Office (SPTO) for successive periods of ten years. The application must be filed before the expiration of the trademark, it can be made during the six months prior to the expiration of the registration. However, such renewal may be made during the six months following the expiration date of the registration by paying a surcharge fee.

The renewal fee also varies according to the number of protected classes. The more classes included in the registration, the higher the fee.

It is essential to remember that renewal does not imply any modification to the terms of the original registration. However, it is advisable to periodically review the status of the trademark to ensure that it remains aligned with the needs of the business.

In the European Union, the renewal of a trademark is handled through the European Union Intellectual Property Office (EUIPO). As with the EUIPO, the renewal application must be filed before the expiration of the term and the duration of protection of the trademark is the same, ten years, as well as the subsequent ten years for which the trademark is renewed.

During six months before the expiration of the registration, the EUIPO will communicate in writing to the trademark holder that it must proceed with its renewal. The cost of the renewal varies depending on the number of classes of goods or services protected. Thus, renewing a trademark in a single class is cheaper than renewing it in multiple classes.

What happens if I do not renew my trademark?

In those cases where the renewal application has not been filed or has been filed after the expiration of the renewal period, the SPTO or the EUIPO will inform the trademark holder in writing that the trademark has been cancelled and removed from the register.

This means that the holder of the trademark will lose all exclusive rights over it, so that any third party could register the same trademark and legally use it for its own benefit, thus generating confusion among consumers about the trademark.

If the owner of a trademark that has lost its rights would like to protect it again, he/she will have to start again the registration before the SPTO and/or EUIPO, taking the risk that if another person has registered it during that period, he/she may face opposition writs from the new owners of the trademark and it may be difficult for him/her to recover it.

We renew your trademark for you

At Letslaw we take care of renewing your trademark for you, we manage the entire process before the SPTO and/or the EUIPO so that you do not have to worry about any legal obstacle or inconvenience in its processing, both in the deadlines and in the administrative procedures before the electronic offices.

We make sure that your trademark remains protected, avoiding unnecessary risks and guaranteeing that you continue to have control over it.