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Maintaining the acquired right to the registration of a trademark can have a positive aspect by the renewal of the registration, or a negative aspect by the loss of this right in a voluntary way through acts on the trademark right, or involuntary, such as the pronunciation of judicial decisions resulting in the loss of this right.
Acts involving a transfer or a license are recorded in writing, under penalty of nullity (Article 156 law 17.97).
A. The renewal of registration
The registration of the trademark has its effect from the date of filing for a period of ten years. The expiry of this period leads to the loss of trademark rights unless there is "renewal", which will allow protecting its trademark rights beyond the initial period.
The process of renewal
The trademark registration can be renewed upon request of the owner or his representative who must have the justification for the payment of fees.
The time of renewal
The renewal of registration must be submitted within six months prior to the expiry of its validity ( Article 152 of the Law 17.97).
However, a grace period of six months from the expiry of the validity is granted to the applicant in order to make the aforementioned renewal .
The scope of renewal
The renewal can only cover the trademark as represented in its final state in the national register of trademarks.
Any change of the sign or extension of the list of the indicated products or services must be the subject to a new filling. ( Article 152 of the law 17.97)
B. Acts affecting the ownership or use of rights on the application of registration or the registered trademark
The owner of the trademark application or of a registered brand can fully or partially assign his rights.
The owner of a registered trademark can, at any time, and by written declaration renounce the effects of this registration for all or part of the products and/ or services covered by the registration.
When the trademark is in joint-ownership, the renouncement can only made if it is required by all owners.
Grant of license
The license of the trademark application or of the registered trademark is defined as a convention by which, the owner of the brand "licensor" allows the exploitation thereof in favor of a licensee in compensation for a fee called "royalties".
The trademark license is a form of exploitation of trademark to the extent that it allows avoiding decay, especially, when it is impossible for the owner to use it himself.
The concession of the license for exploitation may be :
- Exclusive or
Article 156 of the law 17.97 specifically provides in case of collateral in trademark application or registered trademark by stating that the rights attached to a trademark can be the subject of a "pledge".
Pledging generally aims to obtain a financing for the enterprise.
Pledging of the trademark is subject to the rules of common law collateral, consideration made of specific provisions to the trademark.
C. Listing of change on the identification of the owner
It is possible to modify the data of the holder of brand application or the registered trademark such as :
- Change of name
- Change of address
- Change of legal form