The protection of a trademark right can be renewed several times

There is no limit to the number of times.

The trademark is valid for 10 years, and it will be renewed when it expires, and it will be renewed when it expires. It can be renewed all the time.

Article 38 of the Trademark Law stipulates that if a registered trademark expires and needs to continue to be used, it shall apply for renewal of registration within six months before the expiration; If the application is not made during this period, a grace period of six months may be granted. If the application is not filed after the expiration of the grace period, the registered trademark shall be cancelled.

If the trademark of another company expires but is not renewed, if the registered trademark is cancelled by the Trademark Office of the State Administration for Industry and Commerce, the original trademark owner or other person can still apply for registration of the trademark.

We all know that trademarks actually have their expiration date, and when the expiration of the use period, they need to be renewed in time, and if they are not renewed, they may be cancelled. However, in fact, there is a term of protection for the renewal of trademarks, and it will not be cancelled during this period of protection. So, how many times can the protection of a trademark right be renewed?

1.There is no limit to the number of times a registered trademark can be renewed, as long as the trademark registrant wishes, it can be renewed indefinitely.

2.The term of trademark protection refers to the period of validity of the exclusive right to use the trademark under legal protection. The validity period of a registered trademark in China is ten years, calculated from the date of approval of registration.

A registered trademark can be renewed upon expiration; China's Trademark Law stipulates that if a registered trademark needs to continue to be used after the expiration of its validity period, it shall apply for renewal of registration within six months before the expiration. Each renewal registration is valid for ten years. After the renewal registration is approved, it will be announced.

As we can see from the above article, there is no limit to the number of renewals. There is a six-month grace period for future renewal in a timely manner. When the grace period has passed, the trademark may be cancelled.

The term of protection of a trademark right is 10 years from the date of approval of registration. If a registered trademark expires and needs to continue to be used, the trademark registrant shall go through the renewal procedures in accordance with the regulations 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 renewed registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark.

If the renewal formalities are not completed after the expiration of the period, the registered trademark shall be cancelled. Article 39 of the Trademark Law of the People's Republic of China, Article 40 of the Trademark Law of the People's Republic of China.

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. Article 40 of the Trademark Law of the People's Republic of China Where a registered trademark needs to continue to be used upon expiration of its validity period, 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 renewed registration is valid for ten years, starting from the day after the expiration of the previous term of validity 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.

Number of trademark renewals and validity period of renewal: The validity period of a registered trademark renewal is calculated from the day after the expiration of the previous validity period of the trademark, and its validity period is still 10 years. The trademark owner can renew the trademark countless times, that is, the trademark has been used all the time.

1. What should I do if my renewal application is rejected?

After the application for renewal of trademark registration is examined and approved by the Trademark Office, the original Trademark Registration Certificate is apostilled and issued, and it is announced. However, if there is a situation where the trademark law does not require renewal, the Trademark Office will make a decision of refusal.

If the applicant is not satisfied with the rejection of the application for renewal of registration by the Trademark Office, the applicant may, within 15 days from the date of receipt of the notice of rejection, send a copy of the Application for Review of Rejection and Renewal to the Trademark Review and Adjudication Board for reexamination, together with the original Application for Trademark Renewal and the notice of rejection, and pay the review fee. The Trademark Review and Adjudication Board shall make a final decision and notify the applicant in writing. If the final decision is made to approve the renewal of registration, it shall be transferred to the Trademark Office for renewal procedures.

2. The legal effect of the registered trademark during the renewal period.

The legal effect of a registered trademark during the renewal period can be summarized as follows:

1. If the application for renewal of the registered trademark is made within the validity period, whether it is approved before the expiration of the validity period, during the grace period or after the expiration of the grace period, the registered trademark shall be continuously valid. The validity period of the renewed registration is calculated from the day after the expiration of the previous validity period, and the law continues to protect it, and any illegal use of the registered trademark constitutes infringement.

2. If the application for renewal is made during the grace period, the people's court and the administrative authority for industry and commerce shall not accept the request of the original trademark owner to deal with the infringement of the registered trademark before the renewal application. Even if the subsequent renewal application is approved, the original trademark owner is not entitled to claim damages for infringement that occurred before the application was filed within the grace period.

3. If the renewal application of the registered trademark is not approved during the validity period or grace period, the exclusive right to use the registered trademark shall be extinguished from the date of expiration. The original trademark owner shall not apply for legal protection on the ground that others have infringed the registered trademark.

4. If another person infringes upon the registered trademark between the expiration of the validity period and the final rejection of the renewal application, the renewal applicant has the right to request the people's court, the administrative authority for industry and commerce or other competent authorities to protect the registered trademark. The competent organ shall file or accept the case and grant advance protection, but shall make a ruling on the request for compensation for losses after it has been determined whether the application for renewal has been approved.

Paragraph 2 of Article 12 of the Opinions of the State Administration for Industry and Commerce on Several Issues in the Administrative Enforcement of Trademarks stipulates that if a trademark is requested to be protected in a grace period, the complainant shall provide proof of renewal application, otherwise, the administrative authority for industry and commerce will not file the case; Where a case has already been filed, it shall be suspended and disposed of after the approval of the renewal is confirmed.

1. Prepare the application documents The application documents that should be submitted are: (1) "Application for Trademark Renewal Registration" (2) The applicant's identity document (copy) (3) Submit the "** Power of Attorney" for the entrustment, and submit a copy of the ID card of the handler directly in the reception hall (4) A copy of the registration certificate (5) If the application document is in a foreign language, the Chinese translation confirmed by the signature of the translator should also be provided. 2. Submit the application (1) The applicant directly goes to the trademark registration hall to handle it. When the application is ready, it will be submitted at the reception desk in the trademark registration hall, and the staff at the counter will confirm whether the application is qualified. (2) If the trademark agency is entrusted, the trademark agency shall send the application documents to the Trademark Office.

3. Pay the renewal fee A renewal registration application needs to pay a fee of 1,000 yuan. If the application for renewal of registration is submitted within the six-month grace period after the expiration of the time limit, a late fee of RMB 250 will also be charged. If it is entrusted to a trademark agency, the applicant shall pay the renewal fee and the renewal fee to the trademark agency, and the renewal fee charged by the Trademark Office shall be deducted from the advance payment of the trademark owner.

Trademark Law of the People's Republic of China

Article 4. If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its confiscated goods or services in the course of production and business activities, it shall apply to the Trademark Office for trademark registration. An application for registration of a trademark in bad faith that is not for the purpose of use shall be rejected.

The provisions of this Law relating to commodity trademarks shall apply to service trademarks.

Trademark Law of the People's Republic of China

Article 11. The following signs may not be registered as trademarks:

1) There is only the generic name, graphic and model of the commodity;

2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity;

3) Other lack of distinctive features. Where the signs listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.