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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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Many trademark owners believe that the cost of trademark renewal is much more expensive than that of a new application, but the renewal is only a review of the subject qualification, and the renewal of the registration certificate can be extended for ten years without the need for substantive examination. A new trademark application is equivalent to a new application, and in addition to the formal examination, the substantive examination must also be conducted. Some applicants just did not file the application within the renewal and grace period, and thought that it was enough to re-apply, but in fact they made a big mistake.
Because, I don't know how many people want to use a good trademark, maybe because of this step, the trademark is handed over, causing irreparable losses, and then it is necessary to spend turnover to buy it back, and the time to re-apply for the trademark is longer than the time period for renewal.
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There are two situations in which a registered trademark is revoked due to improper registration: one is that the Trademark Office revokes it ex officio. The cancellation decision made by the Trademark Office ex officio cannot have immediate legal effect.
If the parties are not satisfied, they may apply to the Trademark Review and Adjudication Board for review. If the applicant fails to file a review within the statutory time limit, the decision of the Trademark Office to revoke the trademark registration shall take legal effect, and the decision shall take effect from the date of the decision. The other is the revocation ruling made by the Trademark Review and Adjudication Board based on the application of the parties.
If a party is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the people's court within 30 days from the date of receipt of the notice of the Trademark Review and Adjudication Board. If a trademark is revoked due to improper registration, the exclusive right to use the trademark shall be deemed to have ceased to exist from the beginning, and the original Trademark Registration Certificate shall be invalid. The reason for this provision is that the initial registration of a trademark that has been revoked due to improper registration does not comply with the provisions of the law, and the exclusive right to use the trademark obtained by such illegal registration cannot be recognized.
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Hello, a registered trademark is valid for 10 years. If it is necessary to continue to use a registered trademark after the expiration of the validity period, an application for renewal shall be filed within one year before the expiration. If you fail to apply within this period, there is a grace period of 6 months, but there is a fee for the grace period.
If the application is not filed during the grace period, the Trademark Office will cancel it after the expiration of the period. The application for renewal of a registered trademark can be entrusted to a nationally recognized trademark agency.
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If you want to use it in the future, you must renew, there is not much cost to renew, the procedures are not very complicated, and it is a loss if you do not renew, and it takes a long time to register a trademark now, and it may not be registered, even if you don't use it, you can authorize it to others or transfer it to others.
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You can apply for renewal within half a year after expiration, and you only need to pay an additional official fee of 250 yuan, and if you do not renew, you will not be able to enjoy the exclusive right of the trademark.
Aijiang Intellectual Property Network professional answer: >>>More
Application materials: 1. Application for Trademark Renewal Registration >>>More
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