The main changes are as follows:
- A 6-month grace period for trade mark renewal beyond the renewal date has been introduced. Trade marks may therefore be renewed starting from 6 months before and up to 6 months after the renewal date.
- Another important legislative change is the introduction of the Declaration of Use of trade marks, which must be filed within 5 years from the registration date (between the 5th and 6th year of registration). This obligation will apply to all registrations granted or renewed from 12.1.2013 onwards. Filing the Declaration alone will be sufficient, without the need to attach specific evidence of use of the trade mark.
Failure to file will not result in automatic cancellation of the trade mark, but will expose it to lapse actions. This deficiency may be remedied by commencing use of the trade mark. Filing the Declaration will be a prerequisite for proceeding with the renewal of the title.
