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Expiry procedure


Your industrial property (IP) titles can expire and when this happens they fall into the public domain, i.e. they are no longer protected by IP laws. Your design may therefore expire for the following reasons:


  • Failure to renew: You must renew your design title for one or more periods of 5 years from the submission date up to a maximum of 25 years from the submission date.
  • Renunciation: You renounce ownership of the design you have applied for.
  • Lack of legitimacy: You no longer fulfil the conditions of entitlement to be the holder of the industrial design you have applied for.


In the first two grounds for revocation, the Spanish Patent and Trademark Office (SPTO) publishes the declaration of revocation in the Official Industrial Property Gazette (BOPI) and cancels the registration of the affected design(s); in the third case, the revocation is declared by the courts.


You can re-establish your rights over your design, as provided for in Art. 39 of Law 20/2003, of 7 July, the Law on Legal Protection of Industrial Designs, as well as Art. 48 of Royal Decree 1937/2004.


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