Maintenance of registered rights

Maintenance of registered rights

Protecting rights alone is not enough. The right holder must also make every effort to preserve the rights, whether it is paying the enforcement fees, extending the validity or ensuring the accuracy and correctness of the registration data.


What is the maintenance of rights?

A prerequisite for obtaining protection for any subject matter of an intellectual property right is its registration. As a result of a successful registration procedure, the applicant acquires a right to the registration, and this right has a limited duration.

How long will a trademark, industrial design or patent be valid?

A trademark is valid for 10 years and can be renewed for further periods of 10 years at a time. An industrial design registration is valid for 5 years and can be kept in force for up to 25 years by renewing in five-year increments. A patent is valid for up to 20 years and is subject to an annual fee. In the context of the protection of inventions there is also the concept of a “utility model” the criteria for protection of which are somewhat less stringent than those of a patent, but the duration of a utility model is also shorter, i.e., 10 years in total (4+4+2 years).

In addition to extending the validity, is there anything else that needs to be done to maintain the rights?

Yes. In addition to renewal and the payment of the various fees on time, the obligation to use, for example in the case of a trade mark, must also be fulfilled on time. Also, the information in the register must be correct and correspond to the information in the commercial register, for example (in the case the right-holder is a business). Our agency’s specialists can help you meet all the deadlines and comply with all the conditions for maintaining your rights.