How long will my trademark rights last

Trademark owners who intend to use their mark to represent their brand, company, product or service on a national or international scale, are advised to officially register their mark with the applicable registries responsible for the country/countries they seek presence in. Through gaining the legal and exclusive set of rights over the use of your mark, you can effectively protect your brand for as long as your rights are valid.

Registered trademark validity period

As a registered trademark owner, your rights will provide you with exclusivity in regards to using the mark in a commercial capacity in every country your rights apply in. Owners can obtain trademark rights across all 27 EU member states though registering with OHIM, or can obtain ownership recognition in several international jurisdictions by registering through WIPO.

Typically, a registered trademark owner can enjoy exclusive rights for a period of 10 years from the date of registration, however certain national intellectual property registries may impose a different validity period depending on the jurisdictional IP regulations. Where an owner registers their mark through WIPO or OHIM however, their exclusive set of rights will last for 10 years.

Provided the owner has used their mark in line with all applicable regulations and industry standards, and provided they still require their rights for commercial use after the expiry date, they can file for a trademark renewal. This application is usually filed up to 6 months prior to the expiry date of your intellectual property rights.

The registry, in which you filed your original registration application with, can refuse you the right to renew your rights on the grounds of non-use, misuse or where the mark was not used in a commercial capacity within a specific period of time after its registration. It is the discretion of the application intellectual property registry to approve renewal applications.

In order to use your mark in compliance with the necessary rules and regulations, it is advised to enlist the guidance of a professional consultancy firm or trademark attorney to advise you on your rights and obligations of your registered mark. By using your mark in strict compliance with the standards and laws as enforced by the appropriate registry, you can guarantee that you will be granted the right of renewal.