IP MAINTENANCE

You are now the happy owner of a trademark or a design. Intellectual Property can be the most important asset of a company as this is its main goodwill. When properly used and maintained, a trademark can last forever, whereas the design protection period is limited. However, apart from filing renewal applications before the renewal deadline, one has to be aware that some maintenance is involved in keeping a trademark and design valid.

How long does trademark protection last?

Generally, trademarks can last forever but need to be renewed every ten years. The renewal process involves the payment of official renewal fees and is normally a straightforward process. If not renewed by the renewal deadline or during the grace period granted in some jurisdictions, the registration will lapse and the trademark will then be available for registration by third parties.

How long does design protection last?

Design protection is normally granted for an initial period of five years and can be renewed between two to five times depending on the country. The renewal process also involves the payment of official fees but is normally a straightforward process. If not renewed on time, the registration will lapse.

What should you do to maintain your trademark?

As stated above, trademarks can be the most important asset of a company as they are its main goodwill. In fact, the best way to maintain a trademark is to use it. When properly used and maintained, trademarks can last forever. Some countries like the Philippines require trademark owners to provide evidence of use upon filing, registration and renewal of their marks. Failing this, the registration will be deemed abandoned. Furthermore, in most jurisdictions, third-parties can request for cancellation of a mark if it has not been used for a period of three or five years. It is therefore critical to keep records of the use of the marks to avoid its cancellation. Finally, it is strongly recommended to keep details of the marks and designs (such as the applicant’s name and address) updated at all times and to record assignments or licenses of the marks in a timely manner to avoid unnecessary complications.

What you can expect from us
  • Preparation of various agreements related to Intellectual property.
  • Preparation and submission of the necessary documents for various recordals (assignment, change of name and/or address, license, merger, etc.)
  • Preparation and submission of evidence of use in the countries where there are such requirements.
  • Monitoring the renewal deadlines of your design portfolio and preparing and filing renewal applications.

We help our clients throughout Asia with their IP renewals, recordals and maintenance.
Please contact us to obtain a customised estimate.