To err is human. Vriesendorp & Gaade has a thorough system of double checks to prevent such errors. Therefore, procedures at our firm rarely go wrong. And if it does, we have a good argument at a so-called 're-establishment procedure'. Did your representative or you yourself miss an important due date? Our attorneys at law will do everything to restore your rights.
What can go wrong?
Both during that procedure and after registration there are certain formalities that have to be performed in order to maintain the right and to prevent the right from expiring. For instance for a patent an amount has to be paid annually (a so-called annuity), the registration of a trademark has to be renewed every 10 years and a design every 5 years. Should a required formality not be performed in time, the right will expire.
Fortunately legislation provides for the possibility of correcting an error by means of restoration proceedings. In these proceedings it will have to be proven on the basis of arguments that the right expired despite observing due care under the circumstances given.
In general the bar is set high. A request for restoration therefore has to be meticulously substantiated. The criteria are much stricter than for instance is the case in the United States of America, where –in short- it may suffice to prove that the loss of the right was unintentional.
A quick response is vital. It is expected of you that you will take action within a certain amount of time from the moment that you became aware of the error. Please contact one of your attorneys at law as soon as possible to make an assessment of your chances in a re-establishment procedure.