Renewing a brand is an essential management if it is desired to continue to have the exclusive right of use that they grant over a denomination a logo or both. As we all know, trademarks allow to identify certain products and / or services exclusively in a particular country or territory, but it is less known that the older a trademark. This increase in the value of brands over time is valid in two aspects.
The economic: if a brand remains in the market many years is because it works well, and therefore, is recognized and valued by its customers or users. The legal something similar happens legally since antiquity is a degree and has a value that all trademark law recognizes, granting them a better right and therefore a greater “legal” to older brands. For this reason to control trademarks, to keep them and to renew them correctly is fundamental for any company and the collaboration of the professional team of an industrial property agency solvent in this task becomes indispensable to be properly informed.
Renew a brand. General notions
Since trademarks are a territorial right, that is, granted by each State independently, each trademark renewal procedure has its peculiarities. But as international legislative criteria tend to unify, in practice most of the state administrations responsible for the management and custody of trademarks establish simple guidelines that we can consider as general. These are:
The period of validity of a trademark is usually 10 years renewable for equal periods indefinitely. If a trademark is not renewed within the established periods it will be considered abandoned and both the business asset and the right that constituted its registration is irreparably lost. The deadlines are the cornerstone of the renewal of trademarks and it must be known that this can be requested a few months before the anniversary date of the application and that there are some months later to make it in grace period. In this case, the grace implies heavy surcharges in the amounts of the official rates necessary to do the renovation.
For this reason to resort to the grace period in the renewal of a brand is not advisable because in addition to the increase in cost runs the risk of exceeding the deadline and lose the age of the brand. As an example of these deadlines for the renewal of trademarks and Community trademarks, those valid throughout the European Union, the term for renewal without surcharges is 6 months before the anniversary date of the application and a Maximum of another 6 months to make the renewal with fines.
As for the renewal management of a trademark it can be said that it is relatively simple since it is necessary to fill in a specific form correctly to pay a fee to the corresponding trademark office. In this respect it should be noted that the amount of the necessary renewal fee usually varies according to the number of classes that the brand to be renewed contemplates, being greater to a greater number of classes. Although it is a relatively simple management, it is highly advisable for an official agency to take care of the renovation for the following 3 reasons: We will notify you clearly and with sufficient time of the next renewal of our brand. The time involved in carrying out the management by our means coupled with the insecurity of passing the deadline or not having correctly performed such important management is not profitable.
Renewing the brand is not enough
To conclude, it is not enough to renew our trademark, as it is necessary to monitor the trademark to ensure that. We can assert our prior right to potentially harmful new applications, be advised in sufficient time of its next renewal as well as any Administrative or legislative novelty that may affect our file. Proper brand surveillance is a complex process that requires solvency and powerful means, which is why we must value the type of professional to whom we entrust the renewal of our brands. Keep in mind that you must manage it for the next 10 years.