Patentes y marcas
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It is not possible to extend the protection of the trademark at the time of renewal and therefore it is not possible to add new products or services to the originally registered trademark. If you want to protect our classes (products and services) it is necessary to register a new brand with the Spanish Patent and Trademark Office. This brand may be object of opposition by third parties.
The trademark registration is valid for a period of 10 years from the trademark application date (not from the grant date) renewable indefinitely. Thus, it is necessary to renew a registered trademark on the tenth anniversary of the trademark application date.
A trademark can be renewed from 6 months before expiration, which is 10 years from the trademark application date, up to 6 months after the expiration date. If it is renewed after the expiration date, an increase of 25% must be paid during the first 3 months and an increase of 50% during the following 3 months.
If a trademark is not renewed within the established term or during the grace period of 6 months from the expiration date, the trademark will lapse and will no longer offer protection to its owner. The trademark cannot be revived in any way. The only solution is to reapply for a trademark with the risks involved.
A registered trademark can be renewed by its owner or successors in title. The renewal of the trademark cannot be requested by another person without the consent of the owner.
The renewal price of a trademark depends on the number of classes in which the trademark to be renewed is registered. It is not the same to renew a 1-class trademark as a 3-class registered trademark. The renewal price of a trademark also depends on the moment of the application for the renewal. If the renewal is requested during the 6 months after the expiration date, a surcharge of 25 or 50% must be paid. The renewal must be paid at the time of request. In addition, it must be taken into account that, without payment, the trademark cannot be renewed.
The renewal price of a trademark depends on the number of classes in which the trademark to be renewed is registered. It is not the same to renew a 1-class trademark as a 3-class registered trademark. The renewal price of a trademark also depends on the moment of the application for the renewal. If the renewal is requested during the 6 months after the expiration date, a surcharge of 25 or 50% must be paid. The renewal must be paid at the time of request. In addition, it must be taken into account that, without payment, the trademark cannot be renewed.
Il n'est pas possible d'étendre la protection de la marque au moment du renouvellement et il n'est donc pas possible d'ajouter de nouveaux produits ou services à la marque initialement enregistrée. Si vous souhaitez protéger nos classes (produits et services), il est nécessaire d'enregistrer une nouvelle marque auprès de l'Office espagnol des brevets et des marques. Cette marque peut faire l'objet d'opposition par des tiers.
The answer is no. The trademark will be renewed as it is registered. If you want to modify the logo or the name of the brand, you will need to apply for a new brand. It must be remembered that the cost of applying for a trademark is less than the cost of renewing a trademark.