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French feature: Anticipated renewal associated with a new trademark application This dual procedure applies when a logo or a device element has evolved or is no longer used, and/or if the trade/service mark is now used for different, or complementary products or services compared to those initially applied for.

 

Strategic interest: Used when there has been an evolution in the representation of the logo, it allows the rights to the logo covering on the products and services common to both applications be post-dated to the filing date of the earlier application.

Conditions: The new trademark and the anticipated renewal may concern identical signs or signs that have been only slightly amended (this is examined on a case by case analysis and on a list of products and services that has evolved). The anticipated renewal has to be filed, at the latest, 6 months prior to the renewal deadline otherwise it is not allowed. The acceptance by the French Trademarks Office of the renewal is conditioned by the registration of the new associated application. The owner of the mark to be renewed and the new associated trademark must be the same person.

Particularities of this procedure: The two marks are linked and will have the same renewal deadline, i.e. 10 years from the new application date. In the future, there will be a single renewal procedure for both marks.

Our opinion: Considering the earlier starting point for trademark rights, this is a great strategic tool for defensive purposes. The unified renewal compensates for the costs that may arise initially. This single anniversary date for both marks requires a special attention in docketing so as to avoid any mistake on the renewal due date. This remains a French feature, not widely known in Europe, (even under in the Community mark system) and which therefore remains underestimated. 

 

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