Answer ... The term of protection lasts for 10 years, which starts to run from the day after the trademark application is filed. This term may be renewed for further 10-year periods from the date of expiry of the registration period.

Answer ... Renewal of a trademark application is subject only to payment of the relative official fee.

Answer ... The Trademark Office may not cancel a registration on its own initiative.

Answer ... Generally, any natural or legal person with a sufficient relative interest may file a cancellation or revocation action before the Administrative Trademark Committee based on absolute and/or relative grounds for refusal, or on the grounds of non-use. Chambers and consumer unions are also entitled to file a cancellation notice on certain grounds.

The cancellation or revocation action must be submitted in writing and becomes pending upon payment of the applicable official fee. An action based on registration that was contrary to good faith (or in bad faith) may be filed throughout the term of the trademark’s protection. If the cancellation notice is filed by a previous trademark owner on the grounds of invalidity due to non-use and the owner of the later trademark so requests, the owner of the previous trademark must demonstrate genuine use of the latter trademark for five years preceding the date of filing the notice for cancellation on the grounds of invalidity. The Administrative Trademark Committee will issue its decision based on all evidence gathered.

Answer ... The decision of the Administrative Trademark Committee is subject to an appeal before the Administrative Court of First Instance, which must be filed within 60 days, starting from the day after official notification of the decision in question. The deadline is 90 days if the party is seated abroad.