What happens if the protection of an industrial property right is not renewed?

The protection of industrial property rights is carried out through its registration before the competent body (in Spain, before the SPTO).

Registration implies compliance with a series of requirements and the payment of fees, which may vary depending on the type and scope of protection of the right, and grants the holder the right to use his distinctive sign or his invention exclusively, as well as take legal action against those who violate it. It also allows the owner to assign or license his right to third parties, thus obtaining an economic benefit.

To maintain the protection of industrial property, you must request the renewal within the established deadlines and pay the corresponding fees. If this is not done, the rights expire, which means that the holder loses exclusivity over the use and exploitation, and any other person can request the registration of an identical or similar sign to the expired one, without the previous owner can oppose.

The expiration of industrial property rights can have negative consequences for the owner, since it can affect his image, his reputation, his clientele and his competitiveness in the market. For this reason, it is important to pay attention to the renewal deadlines and carry out the necessary procedures to keep the protection of these rights in force.

Related concepts

• Industrial Property
• Does intellectual property include industrial property?
• Intellectual and/or industrial property clause
• Distinctive Signs: brands and trade names
• Industrial Designs
• Trade secret
• Patents and Utility Models
• Response to the suspension of a figurative mark with denominative elements
• Response to the suspension of a denominative mark
• Trademark and trade name assignment contract