Renewal of a trademark
Term of protection
A trademark registration is valid from the day the application for registration is received by PRV and for ten years from the date of registration. After that, the registration can be renewed for a further ten-year period at a time. On the condition that the trademark is renewed, there is no time limit for how long a trademark registration can be valid.
Who can apply for renewal?
There is no set requirement that the person renewing the trademark should be the registered owner or that the person must in any other way prove their right to the trademark. Anyone can therefore apply for renewal.
Time limit for the application
An application for renewal must be received by PRV at the earliest one year before, and at the latest six months after, the registration period's expiry. A payment of the renewal fee which is made within the renewal time limit must be regarded as constituting an application for renewal. If the last application date for renewal falls on a Sunday, another public holiday, a Saturday, Midsummer's Eve, Christmas Eve or New Year's Eve, however, the application is regarded as submitted on time if it is received on the first working day after that.
The application
The application must clearly state which trademark registration the application for renewal relates to. Further, the set application fee must be paid. A payment of the renewal fee which is made within the renewal time limit must be regarded as constituting an application for renewal. If the mark has been registered by virtue of the rules for registration in a home country (a “telle-quelle” or “as is” trademark), proof of the home country must also be submitted.
Reinstatement of a dismissed renewal application
The new Trademarks Act introduces the possibility of reinstating a dismissed renewal application. PRV must reinstate an application for renewal which has been dismissed if the applicant, within two months of the expiry of the notified time, supplements their application. The applicant must pay the set reinstatement fee in such a case.
