With the entry of the new Intellectual Property Law on February 15, 2025, an important change was introduced that many companies have not yet reviewed in detail: slogans, trade names, and emblems must now be renewed.
Prior to this reform, these distinctive signs had an indefinite term of protection, in other words, they were not subject to an expiration period as trademarks are. However, under the new regulation, any slogan, trade name, or emblem that is registered will have a term of protection of 10 years, counted from the date of registration, and must be renewed in order to remain protected.
What happens to signs registered before February 15, 2025?
One of the main practical questions that arose was how registrations granted under the previous legislation would be handled.
The law establishes a clear framework:
- Signs registered before the entry into force of the new law will remain valid for the time necessary to complete ten years from their registration date.
- This special validity period may not be less than two years.
On the other hand, for those slogans, trade names, or emblems that had already reached ten years or more at the time the new law entered into force, two-year grace period was granted, counted from February 15, 2025.
This means that their renewal deadline will be February 15, 2027. It also means that the renewal filing period has already been opened for all these signs, as renewal applications may be filed within the one-year period prior to their expiration.
Key Aspects to Consider When Renewing Each of These Signs
Renewal is no longer a simple administrative formality. There are specific requirements that must be carefully analyzed beforehand:
- Slogans
If a slogan is not linked to a trademark or a trade name, it must be linked in order to proceed with its renewal. This is a crucial point, as many slogans were registered independently under previous legislation.
2. Trade Names and Emblems
The situation becomes more complex here. In order to renew them, it will now be necessary to prove use. This requirement may create significant challenges, especially in cases where the trade name is not actively used in the country, but the owner wishes to maintain protection for strategic reasons.
If your company has registered slogans, trade names, or emblems, this is the right time to review them and make strategic decisions before the applicable deadline expires. If you have any of these signs registered for more than ten years, you are currently within the grace period to renew them, but it is important not to leave this process until the last minute, as renewal now involves complying with new requirements that did not previously exist.
If you need assistance reviewing your portfolio, preparing a renewal strategy, or determining what evidence of use should be submitted, please feel free to contact us.
Intellectual property is not only about registration, it must be strategically managed and protected.
IP Department
