Trademarks are industrial property rights. In most countries, the registration of the trademark grants all rights over it. However, the protection of the registration expires and therefore trademark registration must be renewed. Read below about how long do trademarks last for.
Trademark registration process
The registration of a trademark must be done in each country or region of interest. The process varies in each jurisdiction. However, most processes includes filing an application, a formalities exam, a publication, oppositions period and registrability exam. Additionally, some countries accept multi-class filings and some others don’t.
The processing time may also vary. For example, in Argentina a smooth trademark application may take 12/14 months to be registered. In some other countries, a smooth process may take two to three months.
How long does a trademarks last?
As Industrial property rights are territorial, this will vary from country to country. Most trademarks last for periods of ten years and can be renewed for equal periods of time upon renewal request of the owner.
For example, in Argentina a registered trademark lasts for a period of 10 years from the registration date. Trademark renewal in Argentina is available six months before the expiration and six months after the expiration, in the last case upon payment of additional fees.
Trademark maintenance
Additionally, most countries require for the trademark to be in use in order to keep all rights over it. As a consequence, many legislations require to file mid-term affidavits declaring the products and/or services for which the trademark is in use.
If you have any questions or concerns regarding how long does your trademark last for, contact us.
