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1. Extend the trademark right and continue to obtain legal protection;
According to Article 40 of the current Trademark Law of the People's Republic of China, "if 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 formalities are not completed after the expiration of the period, the registered trademark shall be cancelled. “
The purpose of a renewal application is to continue the exclusive right to use a trademark that has already been obtained, not to obtain the exclusive right to use a newly registered trademark.
2. Continue to accumulate the intangible asset value of the trademark and obtain a higher appraisal value.
The right of renewal refers to the right of the trademark owner to apply for renewal of registration before the expiration of the validity period of the registered trademark, thereby extending the protection period of the registered trademark.
3. Only registered trademarks that are continuously used and have high reputation are eligible to be recognized as famous trademarks and well-known trademarks.
Registered trademarks are constantly renewed, making your exclusive right to use your trademark a kind of "perpetual right". The consequence of renewal is to convert your registered trademark into a permanent brand, and the commercial value of its location is enormous.
4. Due to the continuous changes of the Trademark Law, some trademarks can no longer be successfully registered in accordance with the new Trademark Law, and the trademark rights can only be renewed through trademark renewal.
According to Article 50 of the Trademark Law, if a registered trademark is revoked, declared invalid or not renewed upon expiration, the Trademark Office shall not approve the application for registration of a trademark identical or similar to the trademark within one year from the date of revocation, invalidation or cancellation.
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1. Extend the trademark right and continue to obtain legal protection;
2. Continue to accumulate the intangible asset value of the trademark and obtain a higher appraisal value.
3. Only registered trademarks that are continuously used and have high reputation are eligible to be recognized as famous trademarks and well-known trademarks.
4) Due to the continuous changes in the Trademark Law, some trademarks can no longer be successfully registered in accordance with the new Trademark Law, and the trademark rights can only be renewed through renewal. For example, brands such as Zhonghua, Great Wall, Beijing, and Double-sided Needle all belong to this.
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The trademark can continue to retain exclusive rights. The main reason is that the current success rate of trademark registration is facing too many challenges, and basically no institution dares to guarantee 100% passing. Therefore, it is still necessary to renew the trademark, otherwise the re-registration will face risks, and it is better to insist on using a trademark consistently, and the value of the trademark will also be improved.
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Trademark registration is only valid for 10 years. Trademark renewals allow you to renew your trademark rights and continue to obtain legal protection, and each renewal registration is valid for 10 years.
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Renewal means that if the owner of the registered trademark needs to continue to use the trademark when the validity period of the trademark registration expires, the trademark registrant shall go through certain renewal procedures in accordance with the law within 1 year before the expiration of the validity period to extend the validity period of the registered trademark, if it fails to handle it during this period, it can be given a grace period of 6 months, and the validity period of each renewal registration is 10 years, and the trademark office will automatically cancel its registered trademark if it is not renewed after the expiration of the previous validity period.
What documents do I need to apply for trademark renewal?
Entrust the trademark ** agency for the record with the Trademark Office to handle it. Or the applicant can go directly to the Nanjing Trademark Registration Hall of the Trademark Office. In addition, the applicant can apply online through the online registration of the China Trademark Network.
The application documents to be submitted are:
1. Application for Trademark Renewal Registration
2. Applicant's identification document (photocopy).
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 documents are in a foreign language, the Chinese translation signed and confirmed by the translation agency should also be provided.
What are the precautions for applying for trademark renewal?
1. The trademark registrant shall apply for renewal of registration within six months before the expiration of the validity period of the trademark, or within six months after the expiration of the validity period of the trademark, that is, within the grace period, but shall pay a delay fee. If no application is filed during the grace period, the registered trademark shall be cancelled.
2. The category of trademark renewal shall be filled in according to the category of the international classification of goods, if the original approved goods now belong to different classes of the international classification, but all need to be renewed for registration, the renewal application form shall be filled in separately according to the category, and the original registration number shall be retained in which class, and the rest shall be numbered separately.
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. 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.
6. If the original approved trademark design contains content that cannot be used as a trademark, but the trademark is difficult to separate, it shall declare that the exclusive right to use this part shall be waived; If the trademark name is not in the trademark design, if the name does not claim exclusive rights, it shall be waived; If it is required to be retained, the text of the trademark name may be written into the periphery of the trademark's graphics, or the words may be renewed.
7. For the renewal of the precocious trademark, the original "Trademark Registration Certificate" and 5 copies of the trademark drawings shall be attached. If the name of an administrative division at or above the county level has been registered as a trademark, a certificate of use of the trademark shall be submitted.
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