When will expire brands?

Caducidad de marca













It can produce the renewal notice either automatically for legal reasons as judicial declaration.

Article 39 of the Trademark Act establishes shelf life for five years without actual use. This period of 5 years old, open two-way expiration: On the one hand there may be automatically, or otherwise, a declaration by the courts.

In the case of the declaration of forfeiture by the courts, exercise will require action by the injured: It can not be done in office. As long as the cause of nullity, may bring an action. Although there may be a remedy in the case of non-use: If the owner gets to use the mark between the end of term 5 years and presentation of application for revocation, is considered cured (except that the resumption was only made less than 3 months prior to the filing of the complaint and it would make to know he was going to bring it).

The grounds for revocation of the mark set out in Article 55 and following of the Law of Trademarks.

Expiry lack of rebranding

It occurs automatically, unless there are liens, chattel mortgages or ongoing industrial action, in which case the revocation does not occur until the lifting of the embargo or the final dismissal of the action for repossession.

Disclaimer holder

The operator may request a waiver to the Spanish Patent and Trademark Office and shall have effect as recorded.

The resignation of the brand is not allowed if there are real rights on this, purchase options, attachments or licenses without proof of consent of Bondholders. Renunciation is also not supported brand if a claim of ongoing, unless the applicant consents.

There is the possibility of a partial waiver: You can give up the mark on some classes of the Nice Classification and keeping other.

Lack of use

For the requirement of "use" the item meets 39 Trademark Law requires the use of the mark without altering the distinctive character under which you registered. If the mark would be used solely for exports, or by an authorized third party, is met the "use". However, no use if it is unrelated to the will of the owner: For example, imports by a third party without your permission.

Designation “usual”

If the mark becomes the usual term for a product or service, may have expiration. The mark has lost its distinctive function. Usually it occurs because of inactivity of the proprietor who does not take action to prevent the coarsening of the mark occurs.

Induction error

If the mark is misleading the public about the nature, quality or geographical origin of the products, expiration occurs. It is caused by the incorrect use of the mark by the proprietor or with his consent. It is required that both elements are present: misuse and risk of deception. The reason can be remedied if the misuse is corrected by avoiding customer confusion.

Loss of legitimate ownership

If the owner, as a result of a transfer of rights or for other reasons, not fulfill the conditions required by Article 3 (basically nationality) Trademark Law, can declare the expiration while further noncompliance.

Ultimately, can produce both the revocation of a mark changing the "status quo" of the market, so quit benefited or harmed a company. But for the valuation of these cases, is recommended that you advise for attorney who specializes in patent and trademark.

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