If you want to distinguish your goods, services or both from those of another company, you may need a trademark or trade name. Find out what they are, what their registration procedure is and what it involves.
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Ten years from the date of application. After ten years the trademark and/or trade name must be renewed. The trademark and/or trade name can be renewed indefinitely.
The SPTO will advise you in plenty of time when the period is due to expire. It is important that you notify the SPTO of any change of address. It is advisable to indicate an e-mail address as your preferred method of notification, as this is the quickest way of receiving notifications.
Notwithstanding the above, it is important to bear in mind that some national registrations awarded under the old trademark legislation are still valid and therefore, if the application date was prior to 12 May 1989, it is worth consulting the Office’s information services to find out the next renewal and payment dates for your trademark or trade name.
No. The search for identical or similar trademarks and trade names previously applied for or granted can serve to give reasonably good knowledge of what is protected, but it does not guarantee that the trademark and trade name will be granted and that third party rights will not be damaged if you start to use it for your economic activity.
There is a two month period in which opposition to an application to register a trademark can be submitted, counting from the date said application is published in the BOPI.
If the opposition is submitted directly to the SPTO, it will take approximately one week to record it, and if it is submitted to other competent bodies outside the SPTO within the submission period, according to the date on which it is received, they must receive it and log it which means it can sometimes take a few more days for it to appear in the database.
Yes. The applicant can be an individual or a company, or several people can be holders.