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The term of protection of a trademark right is ten years.
Trademark Law of the People's Republic of China
Article 37 The validity period of a registered trademark shall be ten years, calculated from the date of approval of registration.
Article 38 Where a registered trademark needs to continue to be used upon expiration of its validity period, it shall apply for renewal of registration within six months before the expiration of the registered trademark; 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.
Each renewal registration is valid for ten years.
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What is a trademark renewal?
Trademark renewal refers to a system in which the owner of a registered trademark goes through certain procedures in accordance with the law to extend the validity period of his registered trademark within a period of ten years after the expiration of the validity period of the trademark registration.
Why do I need to renew my trademark?
According to the provisions of the Trademark Law, if a trademark needs to be continued to be used upon expiration, 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 formalities are not completed after the expiration of the period, the registered trademark shall be cancelled.
What are the consequences of not applying for the renewal of the trademark exhibition in time?
1. Many trademark owners think that the cost of trademark renewal is much more expensive than re-application. As everyone knows, renewal is only a formal requirement for examining the qualification of the subject, and the exclusive right to use the trademark can be extended for 10 years without the substantive examination stage after the renewal of the registration certificate. However, if a new trademark application is the same, it is equivalent to a new application.
2. In addition to the examination of the formal requirements, the substantive examination shall also be conducted. The so-called substantive examination is to compare the applied trademark with the trademark in the trademark database, and if it is the same or similar beforehand, it will be rejected and the trademark right will be lost.
3. Some applicants did not submit an application for extension of the exclusive right period during the trademark renewal and grace period. After thinking that it would be enough to re-apply, in fact, I made a very serious mistake, because I don't know how many people want to use a good trademark, and perhaps because of this step, the trademark rights are handed over. caused irreparable losses, and then spent ** money to buy it back.
Moreover, it takes longer to re-mark than to renew.
How to renew a trademark?
1. Entrust the trademark ** agency to handle the renewal of the trademark.
2. The trademark owner directly goes to the trademark registration hall of the Trademark Office to renew the trademark.
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A trademark is a mark used to distinguish the brand or service of one operator from the goods or services of another operator. Used to express the product or service we have purchased.
China's Trademark Law stipulates that the trademark registrant who has approved and registered a trademark approved by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks, enjoys the exclusive right to use the trademark and is protected by law.
The validity period of a registered trademark refers to the term of protection of the exclusive right of a registered trademark. The exclusive right to a registered trademark is limited by a limited duration. China's Trademark Law stipulates that a registered trademark is valid for 10 years from the date of approval of registration.
If the validity period of the registered trademark expires and it is necessary to continue to use it, the applicant shall apply for renewal of registration within 6 months before the expiration; If the application is not made during this period, a grace period of 6 months may be granted. If the application is not filed after the expiration of the grace period, the registered trademark shall be cancelled. Each renewed registration is valid for 10 years.
After the renewal registration is approved, it shall be announced.
A registered trademark is protected by law, and the registrant has exclusive rights over it. Upon the expiration of the validity period, the trademark right shall not be valid for 10 years from the date of approval of the registered trademark. If the validity period of the registered trademark expires and it is necessary to continue to use it, it shall apply for renewal of registration within 6 months before the expiration; If the application is not filed within this period, a grace period of 6 months may be granted, and if the application is not filed after the expiration of the grace period, the registered trademark shall be cancelled.
Each subsequent registration is valid for 10 years.
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The trademark registration certificate is valid. A registered trademark is valid for 10 years from the date of approval of registration. When the validity period of the registered trademark expires, the trademark renewal shall be applied for if it needs to continue to be used, and the registration shall be renewed within 12 months before the expiration of the trademark.
1.Application for Trademark Renewal Registration;
2.**Power of attorney;
3.A copy of the copy of the business license with the official seal (provided by the company) and a copy of the ID card (provided by the individual);
4.A copy of the trademark registration.
Precautions for trademark renewal:
1. After the renewal application is approved, the Trademark Office will issue the renewal certificate to the applicant by mail according to the address filled in the application.
2. If the renewal application does not meet the requirements, the Trademark Office will notify the applicant in writing by mail to make corrections within a time limit according to the address filled in the application.
3. If the renewal application cannot be approved due to other reasons, the Trademark Office will notify the applicant in writing by mail according to the address filled in the application.
4. If the applicant entrusts the trademark ** agency to handle the renewal application, the Trademark Office will not directly have any correspondence with the applicant, and all the documents will be sent to the trademark ** agency.
5. The category of the application shall be filled in according to the international classification category approved by the Trademark Registration Certificate.
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According to the relevant provisions of the Trademark Law of our country, the term of protection of trademark rights is ten years, and the term of ten years is calculated from the date of approval of trademark registration. The term of protection of a trademark right refers to the exclusive right to use a trademark, and the term of validity of a legally protected trademark is generally 10 years. If the ten-year period expires, then it is necessary to apply for a renewal of the registration of the trademark.
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According to the provisions 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. After the expiration of the validity period of the registered trademark, if the trademark owner needs to continue to use the trademark, the exclusive right to use the trademark can be renewed by going through the trademark renewal procedures. According to Article 38 of the Trademark Law, "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. Each renewal registration is valid for ten years. After the renewal registration is approved, it will be announced.
In other words, the application for renewal of the registration of the trademark shall be six months before the expiration of the validity period of the trademark.
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Legal analysis: The term of protection of China's trademark rights is ten years, starting from the date of approval. If the validity period of the registered trademark expires and it is necessary to continue to use it, it shall apply for renewal of registration within six months before the expiration; If the application is not made within this period, a grace period of six months may be granted.
If the application is not filed within the grace period, the registered trademark shall be cancelled.
Legal basis: Trademark Law of the People's Republic of China
Article 23 The validity period of a registered trademark shall be ten years, starting from the date of approval. In addition, the Act provides for renewals.
Article 24 Where a registered trademark expires and it is necessary to continue to use it, it shall apply for renewal of registration within six months before the expiration of the period; If the application is not made within this period, a grace period of six months may be granted. If the application is not filed within the grace period, the registered trademark shall be cancelled.
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