The life of a registered trademark

If all goes well, the trademark is registered for 10 years and can be renewed indefinitely. Some trademarks have been registered for over 100 years…

However, the life of the trademark does not end with the registration:

  • You have to be vigilant against third parties who could always ask for the invalidity of the trademark for lack of distinctiveness, unlawfulness, or infringement of a prior right;
  • You must use the trademark yourself or delegate the use via contracts because if there is no serious use for 5 years (unless there is a good reason), third parties can request the revocation of your trademark;
  • It is necessary to ensure that others do not violate your trademark by imitating or counterfeiting it;
  • The trademark must be renewed every 10 years if it is still being used;
  • It is possible to extend the trademark abroad. The owner can apply for a trademark in the EU via the EUIPO, or in 17 African countries via the African Intellectual Property Organisation (OAPI), or with the World Intellectual Property Organisation (WIPO) to extend it to other countries via a single procedure, or separately with local institutes.

In conclusion, registering a trademark is a long road. In addition to complying with strict legal requirements as to the content of the trademark, caution must also be taken not to infringe on the prior rights of third parties. Then, the protection will be secured by registration after examination at the INPI. It is preferable to be represented in the preparation of the file and in the filing of the trademark so that everything goes as smoothly as possible.