What should I pay attention to after trademark registration? How many years can a trademark be used

1. Remember to renew the trademark. China's trademark law stipulates that the validity period of trademarks is 10 years. After the expiration of the term, the trademark needs to be renewed. If the trademark is not renewed within the specified time, the enterprise will lose its trademark rights.

2. When the company's address or name changes, it should apply to the Trademark Office for relevant procedures, otherwise it will lose its trademark right.

1. The trademark should have distinctive personality characteristics.

Article 9 of China's Trademark Law stipulates that "a trademark applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the prior rights of others". The distinctive feature of a trademark refers to the distinctiveness and distinctiveness of the trademark.

No matter what form the trademark is composed, it should be as novel and unique as possible to distinguish it from other similar goods.

Second, the trademark should be registered by classification, and you may wish to register a few more.

There are 45 classes of trademarks, and registered trademarks must be applied for by classification, and the application must indicate which class to be registered, and the law only protects which class the application has been registered.

3. Trademarks should take into account the characteristics of regionality.

The exclusive right to use a trademark is territorial, and a trademark approved for registration in a certain country or region is only valid in that country or region and is protected by the laws of that territory. However, in today's highly developed transportation and information and increasingly frequent international exchanges, the global market tends to be unified, economic opening and world liberalization has become an irreversible trend, and enterprises should have advanced strategic vision to create trademarks, so that the creation of trademarks is conducive to the development of enterprises in the international market, and is conducive to enterprises to establish their own product reputation and enterprise spirit in the international market. Therefore, enterprises should apply for registered trademarks or international trademark registration in other countries in a timely manner according to the sales of their own goods.

If the owner needs to continue to use the registered trademark after the expiration of the validity period, it shall go through the renewal procedures in accordance with the law within 12 months before the expiration of the protection period of the registered trademark. If it fails to do so within this period, a grace period of six months may be granted.

Legal basis: Trademark Law of the People's Republic of China

Article 8 Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as a combination of the above-mentioned elements, may be applied for registration as a trademark.

Article 9 The trademark applied for registration shall have distinctive features that are easy to identify, and shall not conflict with the prior legal rights of others.

The trademark registrant has the right to mark the "registered trademark" or the registered mark.

Generally speaking, after the successful application for registration, the trademark can be used normally, and the use time of a trademark is generally ten years, if it is still wanted to continue to use after expiration, the parties need to apply for renewal before the expiration of 12 months. Time required to register a trademark:

1. It will be delivered to the Trademark Office of the State Administration for Industry and Commerce in about one month.

2. After 6 months after the application is accepted, the Trademark Office will conduct a substantive examination of the trademark (6 months).

3. After passing the substantive examination, that is, about 8-10 months after the application, the Trademark Office will issue a preliminary examination announcement and send it to the applicant.

4. After 3 months from the date of announcement, the trademark registration shall be approved and the official "Trademark Registration Certificate" will be issued.

5. The registration time is about 12-18 months.

6. The trademark can be used correctly after the application is filed (do not use the registration mark R).

1. What are the consequences of not renewing a trademark upon expiration?

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.

Legal basis

Trademark Law of the People's Republic of China

Article 28 The Trademark Office shall complete the examination of the trademark applied for registration within nine months from the date of receipt of the trademark registration application documents, and if it complies with the relevant provisions of this Law, it shall make a preliminary examination and approval announcement.

The term of use of a registered trademark is 10 years. According to the relevant laws and regulations, the validity period of a registered trademark is ten years. If the owner needs to continue to use the registered trademark after the expiration of the validity period, it shall go through the renewal procedures in accordance with the law within 12 months before the expiration of the protection period of the registered trademark.

If it fails to do so within this period, a grace period of six months may be granted. Legal basis: Article 8 of the Trademark Law of the People's Republic of China Any natural person.

After the trademark application is registered, you can generally get the "Notice of Acceptance" from the Trademark Office within one month, and then mark "TM"."It's ready to go. If there is no problem with the application process, it will take about 1 year to get the trademark registration certificate, and then mark "R"."It can be used and has a 10-year exclusive right. It can be renewed after the expiration of 10 years, and can be used for another 10 years after renewal, and can be renewed forever.

As a major component of intellectual property, trademarks naturally have the basic characteristics of intellectual property, such as intangibility, territoriality, exclusivity and temporality. Of course, the condition is that these characteristics can only be possessed in the case of trademark rights, and the trademark rights are all the rights of the trademark registrant, which is guaranteed by laws and regulations, and there are clear rules in Article 3 of the Trademark Law: Article 3 A trademark approved and registered by the Trademark Office is a registered trademark, including a commodity trademark, a service trademark, a collective trademark, and a certification trademark; The trademark registrant enjoys the exclusive right to use the trademark, which is protected by laws and regulations.

In China, after the trademark is registered, there is a maintenance period of 10 years, and after 10 years, if you still want to use the trademark, you have to renew it. In China, the validity period of a trademark is 10 years, which is expressly stipulated in Article 39 of the Trademark Law: The validity period of a registered trademark is 10 years for slow ignition, which is calculated from the date of approval of registration. In some foreign places, some trademark registration maintenance period is 20 years, some are 7 years, but most of them are 10 years, which is the temporality of the trademark, if it expires and is not renewed, the trademark will be invalid.

Legal basis

Article 23 of the Trademark Law: The validity period of a registered trademark shall be ten years, calculated from the date of approval of registration.

Article 24: 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 of the period, and if the application is not filed within this period, a six-month grace period may be granted.