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The term of registration is 10 years counted from de application date. The additional term from any renewal until the next renewal is 10 years. A renewal can be filed 6 months prior the due date. A six months grace period is provided for filing a renewal application, no surcharge is applied. After this grace period the rights over the trademark registration can not be reinstated if the renewal has been missed.
There is not any kind of examination during the renewal procedure. It is not required to file an affidavit of use, a declaration of intention to use or evidences of use in order to renew the registration for an additional term of 10 years. However, it is included in the renewal application form a statement under oath that use has not been suspended for three or more consecutive years.
The list of goods and/or services can be limited but not extended on renewals.
If the assignment or change of name/address has not been recorded with the office, renewal must be filed in the name/address of the owner of record. It is advisable to perform the recordals before filing the renewal application in order to obtain the Certificate of Registration, issue by the Office, in the name of the new owner. On the other hand, in the case of assignments, the trademark rights might be put at risk of cancellation by any interested party since the renewal was made by a legal entity which, at the time of renewal, was not the actual owner of the mark.
The documents and information needed for filing a renewal application are the following:
- Applicants' name.
- Applicants' address.
- Registration number.
- Mark
- International Class of Goods & Services.
- Description of goods & services.
- POA (in case the representative person is not the agent of record)
The POA does not required legalization but it must be executed by the power grantor and by two witnesses, mentioning their names and domiciles. If the applicant is a company it must be indicated the Corporation Resolution, its date and place of execution, whereby the signer was given authority to grant Powers of Attorney. The original POA may be filed latter provided a surcharge is paid.
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