Trade Mark Renewals - Know Your Attorneys

In Evets Corp. v OHIM, Case C-479/09 P, 30 September 2010, the ECJ has reiterated that service of a renewal notice on the registered agent for the relevant Community trade mark (rather than the proprietor) is sufficient to result in that trade mark registration falling away if not renewed.

For those in the know, in our jurisdiction a trade mark registration survives (unless successfully challenged) for 10 years, and can be renewed on a rolling 10 year basis.

Of course, a lot can happen to the Community trade mark owner or its trade mark agent over the course of 10 years. So it is absolutely essential to ensure:

1. The trade mark agent recorded against the registered trade mark is "the right one"; and
2. The trade mark owner tells its agent about any correspondence address changes, so the agent can remind the owner when the renewal falls due.

Boring administration? Not if you value your trade mark registration.