In order to establish trademark protection, companies or entrepreneurs must go through a registration procedure. For this purpose, a national or international application is submitted, on which mandatory examinations will be carried out. Following the results of registration, a certificate for TM is issued, which will be valid for 10 years. About how to extend the legal protection regime, and what nuances the right holder needs to take into account, we will tell in this material.
After registration, the right holder has the exclusive right to the trademark, which includes the use, disposal and protection of the object. The above protection regime will be valid for only 10 years, but national and international legislation allows for the extension of the said term an unlimited number of times. To renew, the following rules must be observed:
If the company has a national certificate, the renewal will also take place within the territory of the Russian Federation. If the right holder fails to apply in the above order, the legal protection regime will be cancelled. After that, any interested party will be able to use the designation for its own purposes or register the rights to it according to the general procedure.
The law contains special conditions for the protection of a well-known trademark. If a company proves the signs of public knowledge of the trademark, the protection regime will be in force indefinitely. In this case, information about the designation is entered in a special register of Rospatent and there is no need to extend it.
A company can obtain protection of its trademark not only within one state, but also at the international level. For this purpose, an application under the Madrid system or through the patent offices of individual states is submitted. Such a certificate will also be valid for 10 years with the possibility of extension.
In order to maintain the legal protection of a trademark abroad, the following rules must be observed:
The rules for the extension of the TM protection regime at the national and international level are practically the same. The only difference lies in the language in which the application is submitted and the procedure for payment of state fees. Companies that have to go through this procedure abroad can do business only through attorneys accredited by the relevant patent offices.
Having made the decision to extend the validity of the certificate, the right holder shall fill in an application to the Rospatent or the patent office of the foreign country. The following data shall be indicated in the application:
The maximum term of consideration of the application does not exceed 2 months. There is no repeated examination of the designation, as the extension is of a declarative nature.
If you need to extend the national or international trademark certificate, you can use the services of our company. We will draw up an application taking into account all legal requirements and represent your interests in Rospatent or other authorized offices.
Renewal of a trademark certificate is a paid service. If you apply for renewal of a standard trademark you must pay a fee of 14,000 rubles + 700 rubles for each class of the Nice Classification over 5. A similar procedure for a collective mark will cost 18,900 rub. + 700 rub. for each class of the Nice Classification over 5. An additional fee will be charged if a petition to extend the term of filing an application for another 6 months is filed - the right holder should pay 1750 rub. The amount of fees is given including 30% discount for filing the application in electronic form.
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