Renewal Trademark

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The certificate for a trademark must be regularly and timely supported by the required amount of patent fees. 

The validity of the certificate may be terminated ahead of schedule, if the fee for maintaining the certificate in force is not paid on time. 

At the request of the patent holder or his assignee, the certificate can be restored. 

The restoration is made if the corresponding patent fee has been paid, as well as if such payment was made within the time period established by law. 

International registration of a trademark under the Madrid system is valid for ten years. Until the expiration of the international registration, it can be renewed for another ten years. 

However, it is not necessary to renew the international registration in all countries previously declared in the international application. 

However, the international registration must be renewed for all classes and subclasses of the International Classification of Goods and Services (ICGS). 

If the rightholder of the mark wants to exclude part of the classes or subclasses of the ICGS from the international registration, then a separate application for cancellation of registration must be submitted in relation to these types of activities. 

The following reasons for refusing to extend the term are possible: 

  • the deadline has been missed; 

  • an incorrect package of documents has been submitted; 

  • the trademark has lost its distinctiveness; the copyright holder did not use the trademark. 

To renew the international registration, the rightholder must submit a corresponding application to the World Intellectual Property Organization (WIPO), as well as pay the patent fee. 

The amount of the fee depends on the number and the specific list of countries in whose territory the registration will be renewed. 

In the national offices of a number of countries, it may be necessary to provide evidence that the trademark is used by the copyright holder on the territory of the respective state.

What will happen to a trademark if it is not maintained on time?

If the patent fee is not paid on time or the time period allotted for its payment is missed, the trademark ceases to be valid, as well as all the rights that it gives to the patent holder.


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