What is the term of protection for a well known trademark?

There is no precise concept of the term of protection of a well-known trademark, because the validity period of a trademark after registration is 10 years, even if it is a well-known trademark, it needs to be renewed after 10 years, and if it is not renewed, the well-known trademark will also be cancelled. Others can also apply for the trademark again.

2. What are the protections for well-known trademarks in ChinaThe legislation on the protection of well-known trademarks in China is relatively late, and the extended protection of well-known trademarks in the Interim Provisions on the Recognition and Administration of Well-known Trademarks is mainly reflected in three aspects:

1. Improper registration is prohibited. If a trademark identical or similar to a well-known trademark of another person is applied for registration on non-similar goods, and the rights and interests of the registrant of the well-known trademark may be harmed, the Trademark Office may reject the application for registration. If it has already been registered, the registrant of a well-known trademark may request the Trademark Review and Adjudication Board to revoke it.

2. Improper use is prohibited. Where a trademark that is identical or similar to a well-known trademark of another person is used on non-similar goods, and it is implied that there is a certain connection between the goods and the registrant of the well-known trademark, thereby which may cause damage to the rights and interests of the registrant of the well-known trademark, the registrant of the well-known trademark may request the administrative authority for industry and commerce to stop it.

3. It is forbidden to use it as a business name. If another person uses words identical or similar to the well-known trademark as part of the enterprise name from the date of recognition of the well-known trademark, and it may cause misunderstanding by the public, the administrative authority for industry and commerce shall not register it; If it has already been registered, the registrant of a well-known trademark may request revocation. Article 13 of the amended Trademark Law of the People's Republic of China extends the protection of well-known trademarks to non-similar goods or services, formally establishing the expanded protection of well-known trademarks in the form of legislation.

Legal analysis: there is no question of the length of validity of a well-known trademark, it can also be said to be permanent, and there is no accurate concept of the protection period of a well-known trademark, because the validity period of the business socks congratulatory mark after registration is 10 years, even if it is a well-known trademark, it needs to be renewed after 10 years, and if it is not renewed, the well-known trademark will also be cancelled. Others can also apply for the trademark again.

Legal basis: Trademark Law of the People's Republic of China Article 39 The validity period of a registered trademark is ten years, calculated from the date of approval of registration.

A well-known trademark is a trademark that is widely known to the relevant public in China and enjoys a high reputation. The relevant public includes consumers related to the use of certain types of goods or services indicated by the trademark, other operators who produce the aforesaid goods or provide services, and sellers and related personnel involved in the distribution channels. Ordinary trademarks can only be protected by law in the categories of goods or services that have been approved for registration, and enjoy the exclusive right to use trademarks; Well-known trademarks, on the other hand, have different degrees of cross-class protection due to their originality and distinctiveness; Article 39 of China's Trademark Law stipulates that:

A registered trademark is valid for 10 years from the date of approval of registration. ”

Article 39 of the Trademark Law of the People's Republic of China stipulates that a registered trademark shall be valid for ten years, calculated from the date of approval of registration.

Article 40 of the Trademark Law of the People's Republic of China provides that if a registered trademark expires and it is necessary to continue to use it, the trademark registrant shall go through the procedures for renewing the trademark in accordance with the provisions within 12 months before the expiration; If it fails to do so within this period, it may be granted a grace period of six months. The validity period of each renewed registration is 10 years, which is calculated from the day after the expiration of the previous validity period of the trademark. If the renewal formalities are not completed after the expiration of the period, the registered trademark shall be cancelled.

The Trademark Office shall make a public announcement on the renewed registration.

According to Article 39 of the Trademark Law, the validity period of a registered trademark is 10 years, calculated from the date of approval of registration.

This seems to be really time-limited, about ten years, it seems to be.

Legal analysis: There is no question of the validity period of a well-known trademark, it can also be said to be permanent, and the term of protection of a well-known trademark does not lack an accurate concept, because the validity period of the trademark after registration is 10 years, even if it is a well-known trademark, it needs to be renewed after 10 years, and if it is not renewed after expiration, the well-known trademark will also be cancelled. Others can also apply for the trademark again.

Legal basis: Article 39 of the Trademark Law of the People's Republic of China The validity period of a registered trademark is ten years, calculated from the date of approval of registration.

Legal Analysis: The term of protection of a well-known trademark is the same as that of an ordinary trademark, and the validity period after registration is 10 years. If it is not renewed after expiration, the well-known trademark will be cancelled.

Legal basis: Copyright Law of the People's Republic of China》 Article 21 The term of protection of citizens' rights of publication and the rights provided for in subparagraphs (5) to (17) of the first paragraph of Article 10 of this Law shall be the life of the author and 50 years after his death, ending on December 31 of the fiftieth year after the author's death, and ending on December 31 of the fiftieth year after the death of the author who died last.

Legal Analysis: There is no question of the validity period of a well-known trademark. There is no precise concept of the term of protection of a well-known trademark, because the validity period of a trademark after registration is 10 years, even if it is a well-known trademark, it needs to be renewed after 10 years, and it is still a well-known trademark after renewal.

If it is not renewed after expiration, the well-known trademark will also be cancelled. Others can also apply for the trademark again.

Legal basis: Trademark Law of the People's Republic of China

Article 39 The validity period of a registered trademark shall be ten years, calculated from the date of approval of registration.

Article 40 Where a registered trademark expires and it is necessary to continue to use it, the trademark registrant shall go through the renewal procedures in accordance with the provisions within 12 months before the expiration; If it fails to do so within this period, it may be granted a grace period of six months. Each renewal registration is valid for 10 years, starting from the day after the expiration of the previous term of validity of the trademark. If the renewal procedures are not completed after the expiration of the period, the registered trademark shall be cancelled.

The Trademark Office shall make a public announcement on the renewed registration.

Legal Analysis: The term of protection of a well-known trademark is the same as that of an ordinary trademark, and the validity period after registration is 10 years. After expiration, it needs to be renewed, and if it is not renewed after expiration, the well-known business will be cancelled.

Legal basis: Article 21 of the Copyright Law of the People's Republic of China The term of protection of the right of publication and the rights provided for in subparagraphs (5) to (17) of the first paragraph of Article 10 of this Law shall be the life of the author and 50 years after his death, and shall end on December 31 of the fiftieth year after the death of the author, and shall end on December 31 of the fiftieth year after the death of the author who died last if it is a collaborative work.