How does the Trademark Law regulate the renewal of registered trademarks?

Aijiang Intellectual Property Network professional answer:

According to Article 40 of the Trademark Law, if a registered trademark needs to be continued 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 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 Trademark Office shall make a public announcement on the renewed registration.

Interpretation of the law:

If a registered trademark has expired after years of use, it has formed an intangible asset for the trademark registrant, and the registrant believes that it needs to continue to use it, it shall submit an application for renewal in a timely manner in accordance with the law. In accordance with this article, an application for renewal shall be made within 12 months prior to the expiration of the term.

Unlike the initial application for registration of a trademark, an application for renewal is made in that the rights already acquired are continued to be valid, rather than in order to obtain the exclusive right to use the newly registered trademark. Therefore, the renewal application procedure stipulated by the law is simple, and the holder can be allowed to renew the registration as long as the applicant submits the application within the time limit prescribed by the law and pays the prescribed fee.

From the perspective of the complexity of the application procedure and the time required, the trademark registration application needs to go through a series of procedures such as examination, preliminary examination announcement, opposition and ruling, and it takes about one year; The procedure for applying for trademark renewal registration is much simpler and shorter.

The procedure for applying for trademark renewal refers to the legal procedure for continuing to extend the validity period of a registered trademark. In order not to lose the exclusive right to use the registered trademark after the expiration of the validity period, the trademark registrant may apply for renewal of the registration within 12 months before the expiration of the specified validity period. If the application is not made within this statutory period, there is also a grace period of 6 months in accordance with the law.

This means that if the validity period of the registered trademark has expired, and the original trademark registrant has not been able to apply for renewal of registration within the prescribed time limit, it can be given a grace period of 6 months, that is, within 6 months after the expiration of the validity period, the original trademark registrant can still apply for renewal of registration. If the application for renewal is not filed after the grace period, the registered trademark shall be cancelled.

If the registered trademark expires and no application for renewal is made, the Trademark Office shall not approve the application for registration of a trademark that is identical or similar to the trademark within one year from the date of cancellation.

If an application is made for the renewal of a trademark registration, each application shall be sent to the Trademark Office in accordance with the relevant provisions of the State in the Application for Renewal of Trademark Registration and the reproduction of the trademark. After approval by the Trademark Office, the corresponding certificate will be issued to the registrant and published.

If it does not comply with the relevant provisions of the Trademark Law, the Trademark Office will not approve it and reject it. If the trademark organization is entrusted to apply for renewal registration, a power of attorney should be submitted to the first person in accordance with the relevant regulations, and the relevant fees should be paid for the renewal of registration according to the regulations, and the delay fee should also be paid if the renewal is applied for during the grace period.

The validity period of the renewed registered trademark shall be calculated from the day after the expiration of the previous validity period of the trademark, and its validity period shall remain 10 years. After the renewal registration is approved, it will be announced. The trademark renewal registration is continuous, and the exclusive right to use the trademark can become a "permanent right".

12 months in advance, there is a late fee for renewing the exhibition within 6 months after the deadline, and the trademark will be cancelled if the exhibition is overdue for more than 6 months.

Trademark renewal provisions.

The validity period of a registered trademark is set at 10 years in China, calculated from the date of approval. After the expiration of the validity period of the trademark registration, if the trademark registrant still wants to use the trademark, he can continue the exclusive right to use the trademark by going through the trademark renewal procedures. It is very important for the registrant to go through the trademark renewal procedures in a timely manner, the trademark is a sign that distinguishes the products of one enterprise from the products of another enterprise, and in order for consumers to remember the enterprise and its products, the enterprise should use its trademark continuously, and in order to maintain its existing influence, it should also continue to use it.

At the same time, maintaining the long-term validity of the exclusive right to use a trademark is not only beneficial to enterprises, but also has a positive effect on the stability and development of the national economy.

Article 38 of China's Trademark Law stipulates that "if a registered trademark needs to be used again upon the expiration of its validity period, 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 trademark registration can be filed from six months before the expiration of the validity period of the trademark to six months after the expiration of the validity period, and the Trademark Office will accept it.

The six months before the expiration of the period are generally called the renewal application period, and the six months after the expiration of the validity period are called the renewal grace period, and the applicant shall pay the delay fee in addition to the renewal registration application fee in addition to the renewal registration application fee.

Trademark renewal process.

If the application for trademark renewal procedures is made, each application shall send a copy of the Application for Trademark Renewal and Registration to the trademark, and the filling of the Application for Trademark Renewal and Registration shall be standardized, and ten copies of the trademark shall be sent at the same time. It should be noted that the submitted trademark should be consistent with the approved design on the trademark registration certificate, and the font of the word trademark should not be arbitrarily changed, otherwise, the Trademark Office will not renew the registration.

After the application for renewal of trademark registration is examined and approved by the Trademark Office, the original Trademark Registration Certificate is apostille and returned, and it is published in a public manner. 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.

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 during the grace period.

3. If the renewal application within the validity period or grace period of the registered trademark has not been approved, 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 the applicant requests protection of a trademark that is in the grace period, the complainant shall provide proof of the 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 circumstances of the renewal approval are determined. If an early application for renewal is made, it will not be accepted because it is not within the prescribed time limit. However, if the time limit for filing an application has expired, which means that the prescribed grace period has been exceeded, the registered trademark will be cancelled.

As for the renewal application, the validity period of the registered trademark is generally 10 years. Trademarks generally have a term of protection, and generally must be legally renewed when the term is reached, but if the protection is lost beyond the time, then others can register the trademark, so as to legally protect their own interests, so their own trademarks must be protected.

According to the Trademark Law, if you want to renew a trademark, you first need to write a renewal application, and China has regulations on the service life of a trademark, and each trademark can be used for ten years from the time of obtaining the certificate. After 10 years, renew if you want to continue using it. The renewal of a trademark is the same as the registration of a trademark, but there are differences:

1) Application for Trademark Renewal Registration (2) A copy of the applicant's qualification certificate confirmed by a seal or signature (3) If the applicant is entrusted, submit the "** Power of Attorney", and submit the ID card and a copy of the handler directly in the trademark registration hall (the original will be returned after comparison) (4) A copy of the registration certificate (5) If the application document is in a foreign language, a Chinese translation confirmed by the signature of the translation agency or ** institution shall also be provided in accordance with the provisions of Article 34 of the Trademark Law, If the opposed trademark is approved for registration after ruling that the opposition cannot be established, the time for the trademark registration applicant to obtain the exclusive right to use the trademark shall be calculated from the date of expiration of the three-month period of the preliminary examination announcement. Therefore, if a trademark that is still in opposition, opposition review or opposition review litigation has reached the renewal period, it may apply for renewal within six months before the expiration of the validity period; If the application is not made during this period, a grace period of six months may be granted. Our office will decide whether to approve the renewal according to the final result of opposition, opposition review or litigation, if the trademark is finally not approved for registration, our office will not approve the renewal application, and the application fee can be refunded.

A registered trademark is valid for several years at a time when renewed, and a registered trademark is valid for ten years.

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

1. Entrust the trademark ** agency for the record with the Trademark Office.

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

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

(2) Three steps to handle the application

1. Prepare the application documents.

The first letter of the application should be submitted as follows:

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 chain filial piety of the handler directly in the acceptance 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.

2. Submit the application form.

1) If the applicant goes directly to the trademark registration hall to handle it, after the application is ready, it will be submitted at the acceptance window of the Qinzhu hall of the trademark registration greenhouse, and the staff of the window will confirm whether the application is qualified.

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

3. Pay the renewal fee.

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.

The trademark registration is valid for ten years, and if you need to continue to use it within 12 months before the expiration, you can apply for the renewal of the Ming Exhibition, and if you do not renew it after the expiration of the rough notice, there is a six-month grace period that can be renewed. Each renewal is valid for ten years.