New trademark legislation
January 1st, 2019 several important changes to the Trademarks Act and related constitutions came into effect.
One of the most important changes is that PRV is able to register trademarks that can be attached as sound files, motion pictures or multimedia files. Other news is that owners of a newly registered trademark can, in some cases, demand that an opponent prove that the opposing trademark has been in use.
The date from which a trademark registration is valid has changed and there are also some changes made to the renewal period.
The criteria for what is considered a trademark application is tightened. From january 1st, 2019 the applicant needs to include this information to get an application date:
- stated intent to register the trademark
- who is the applicant
- a clear representation of the trademark
- a list of goods and services to which the trademark refers.
This means that for example, an application with only a class number and no stated goods or services, will not be considered a complete trademark application and will not get an application date.
New application for renewal
On January 2nd, 2019, PRV launched a new application for trademark renewal. As all our other online applications regarding trademarks and design, this application is developed in cooperation with the European intellectual property authority EUIPO.
How will this affect trademark renewals?
- Trademark registrations registered before or on 2018-12-31 can be renewed at the earliest 6 months before and at the latest 6 months after the registration date.
- Trademark registrations filed on or after 2019-01-01 can be renewed at the earliest 6 months before and at the latest 6 months after the application date.
- The registration period will still be 10 years.