360 / 516
The Institute may inform and warn the proprietor to remind the
expiration date of the registration before expiry date or within another
specified time -if foreseen by supplementary other legislation.
However, sending a reminder is not onerous for the Institute and shall
not be liable if it fails to do so.
Application for renewal shall be filed and the renewal fee shall be
paid within six months prior to the last day of the month in which pro-
tection period expires. In case that time is elapsed, application may be
filed within a further period of six months following the last day of the
month in which protection period expires provided that an additional
fee is paid.
Renewal shall take effect, if approved, on the following day, at
which the current registration expires. The renewal shall be recorded in
the Register and published.
The trademarks, which are not renewed within six months follow-
ing the expiry of the protection period, shall no longer be protected.
Termination of Trademark Right
Article 45 of the Decree-Law No. 556 stipulates that trademark
right will be terminated upon expiry of the protection period and fail-
ure to renew within the prescribed period. The termination of trade-
mark right shall have effect at the date when the cause of the termina-
tion arises. The termination of trademark right shall be published in the
relevant Bulletin.
Conclusion
Protection for a trademark under Decree-Law No. 556 is obtained
by registration. The protection period of a registered trademark is 10
years beginning from the date of filing of the application. Registration
may be renewed for further periods of ten years.
It is elaborated further as to what documents shall be submitted
when applying for renewal of registration by the Regulation. The appli-
cation for renewal shall be filed and the renewal fee shall be paid with-
in six months prior to the last day of the month in which protection
period expires. In case that time is elapsed, application may be filed
within a further period of six months following the last day of the
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NEWSLETTER 2012