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How to avoid the revocation of your trademarks

February 4, 2019

PONTI recommends trademark and distinctive signs owners to update their registrations in order to avoid having them cancelled on the grounds of non-use, should they fall within any of the following circumstances:

1.- In case trademarks are being used to identify products and/or services which are different to the ones originally registered.

2.- In case trademarks have suffered changes in their logos and devices compared to those originally registered.

Current regulations at national and international level provide that if these circumstances occur for an uninterrupted period of 5 years, the trademark may be legally cancelled due to non-use, in case a competitor or third party requests it.

In addition, the amendments to the trademark law approved on January 14, which is still subject to definitive regulatory development, provides for the introduction of the mechanism of proof of genuine use by the proprietor of the oldest trademark within the preceding 5 years in opposition procedures.

Regarding ownership, we remind you that any change of name, company name or assignments corcening the rightful owner must be registered in order for the trademark owner to be able to exercise the corresponding legal rights.

The correspondence of any registered rights to the real business activity is essential for the defense of your trademark rights.

Should you have any doubts concerning your current circumstances and the possible effect on your trademark, please contact our Customer Service at the telephone +34 934874936 or at ponti@ponti.pro.

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