When should the trademark renewal be applied for and not become invalid?

In order to prevent the expiration of the trademark, the trademark renewal procedure should be completed within 12 months before the expiration of the validity period of the trademark. 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.

There are two ways to apply for renewal of a registered trademark:

1) Entrust the trademark ** agency for the record with the Trademark Office to handle it.

2) The applicant goes directly to the trademark registration hall of the Trademark Office.

The format of the book for the renewal.

There is only one file format for renewal, namely Application for Trademark Renewal Registration.

There are three steps to apply.

1) Prepare the application documents.

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 confirmed by the signature of the translation agency should also be provided.

1. Fill in one by one according to the requirements on the application form, and it must be typed or printed.

2. One copy of the application for renewal of registration shall be submitted for each trademark.

3. If you come directly to the trademark registration hall to handle it, you should submit a copy of the ID card of the person in charge; If the trademark ** agency is entrusted, the trademark ** power of attorney shall be submitted.

4. If the trademark to be renewed is a joint trademark, the application shall be filed in the name of the representative.

2) Submit the application form.

1. If the applicant goes directly to the trademark registration hall to handle it, the application documents shall be submitted at the acceptance window of the trademark registration hall after they are ready, and the staff of the window shall confirm whether the application documents are qualified.

2. If the trademark agency is entrusted, the trademark agency shall send the application to the Trademark Office.

3) Payment of renewal fees.

A renewal registration application is subject to a fee of RMB 2,000. If the application for renewal of registration is submitted within the six-month grace period after the expiration of the time limit, a delay fee of RMB 500 will also be paid.

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 agency.

Precautions. 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.

Trademark renewal can be handled by yourself or through ** agency. If you handle it yourself, you need to provide a renewal application, a certificate of subject qualification (a copy of your ID card or a copy of your business license), and you need to sign a power of attorney for a trademark in addition to the above information through a ** agency. The company will charge a fee of a few hundred dollars.

The validity period of a trademark is 10 years, calculated from the date of approval of registration, and the term of registration and use of the trademark is also calculated for an additional ten years from the date of expiration.

If the registered trademark expires and needs to continue to be used, it shall apply for renewal of registration within 12 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.

1. 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 before the expiration of the validity 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 during 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 only person who has the right to bury the right to bury the case shall file or accept it and give advance protection, but for a request for compensation for losses, a ruling shall be made after the determination of whether the renewal application 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 the application for the renewal of the liquid, 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.