What is the validity period of a registered trademark?

A registered trademark is valid for 10 years.

If it is necessary to continue to use the registered trademark after the expiration of the validity period, it shall apply for renewal of registration within 12 months before the expiration. If the application is not made during this period, there is a grace period of 6 months. If the application is not filed during the grace period, it will be cancelled by the Trademark Office of the State Intellectual Property Office after the expiration of the period.

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According to the provisions on the validity period of a registered trademark, if there is no objection to the preliminarily approved trademark within three months from the date of publication or the objection cannot be established after ruling, the trademark registration certificate shall be approved for registration and the trademark registration certificate shall be issued, and the trademark shall be announced; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law. So what are the regulations on the validity period of a registered trademark? What are the provisions on the validity period of a registered trademark?

In countries that implement the trademark registration system, the exclusive right to use a trademark is obtained through registration in accordance with the principle of registration, and the validity period of registration has a strict time limit. As a kind of intellectual property right, trademark right is exclusive, territorial and temporal, so temporality is one of the characteristics of the exclusive right to use a trademark. The temporality of trademark rights refers to the fact that after the trademark is approved by the trademark registration authority, it can be legally protected within the statutory period under normal use.

This statutory period is also known as the term of protection and validity of a registered trademark. After the expiration of the validity period, if the trademark owner wishes to continue to use the registered trademark and obtain legal protection, it needs to renew the registration in accordance with the legal procedures. If there is no lawsuit that leads to the cancellation of the trademark, the trademark registrant can protect the registered trademark indefinitely as long as the renewal procedures are completed on time.

In this respect, trademark rights are different from patent rights and copyrights, which are both intellectual property rights. The trademark laws of various countries clearly stipulate the validity period of registered trademarks, and a few countries stipulate that registered trademarks are valid indefinitely. China has made different regulations on the validity period of registered trademarks in different periods.

The Provisional Regulations on Trademark Registration promulgated in 1950 stipulate that the registrant shall obtain the exclusive right to use a trademark from the date of registration, and the term of the exclusive right shall be 20 years. The Regulations on the Administration of Trademarks promulgated in 1963 stipulate that the term of use of a registered trademark shall be from the date of approval to the time when the enterprise applies for revocation.

**In principle, the Administration for Industry and Commerce shall be determined by the trademark reciprocity agreement signed between the registrant's country and China, and shall be calculated according to the actual validity period of the foreign trademark registered in its home country. If the trademark has been registered in its home country for a number of years, the actual validity period of the trademark in China should be the validity period stipulated in the country and then deduct the number of years that have been registered, so that the time for it to become invalid in the country is consistent with the validity period in China.

According to Articles 39 and 40 of the Trademark Law:

Article 39: The validity period of a registered trademark shall be ten years, calculated from the date of approval of registration.

Article 40: If the validity period of the registered trademark expires and it is necessary to continue to use it, the trademark registrant shall follow the rules within 12 months before the expiration.

Provision for renewal procedures; If they fail to do so during this period, they may be given a grace period of six months. The duration of each renewal registration.

It is ten years, calculated from the day after the expiration of the previous validity period of the trademark. If the applicant fails to renew the trademark upon expiration, the registered trademark shall be cancelled.

The Trademark Office shall make a public announcement on the renewal of the registered trademark.

The trademark registration certificate is valid. A registered trademark is valid for 10 years from the date of approval of registration. When the validity period of the registered trademark expires, the trademark renewal shall be applied for if it needs to continue to be used, and the registration shall be renewed within 12 months before the expiration of the trademark.

1.Application for Trademark Renewal Registration; 2.**Power of attorney; 3.A copy of the copy of the business license with the official seal (provided by the company) and a copy of the ID card (provided by the individual); 4.A copy of the trademark registration.

A registered trademark is valid for 10 years from the date of approval of registration.

If the registered trademark needs to continue to be used after the expiration of the validity period, the registrant shall apply for renewal of registration within 6 months before the expiration.

If the holder fails to file an application for renewal during this period, it may file an application within a grace period of 6 months after the expiration of the period, subject to the payment of a late fee for renewing the registration.

If the application for renewal is not filed after the expiration of the grace period, the Trademark Office will cancel the registered trademark; If the registrant wants to continue to use the registered trademark, he or she needs to file a new application for registration.

If you still have any questions, you can continue to consult me, and I look forward to hearing from you

The Law on the Validity Period of Trademark Registration stipulates that the trademark registrant shall go through the renewal procedures in accordance with the provisions of Zhongyu Mengzhao within 12 months before the expiration; If not, there is a six-month grace period. Each renewal registration is valid for ten years, but if the trademark is not renewed, the trademark will be cancelled.

1. Can the cancelled trademark be used again?

Yes, within one year of cancellation. Trademarks are protected by law as soon as they are registered. The validity period of the registered trademark is 10 years, calculated from the date of approval of registration, after the expiration of the validity period, if you want to continue to use it, the trademark registrant should apply for renewal of registration within 6 months before the expiration of the validity period; If the application is not made during this period, a grace period of 6 months may be granted.

If the applicant fails to apply for renewal of registration after the expiration of the grace period, the trademark authority may cancel the registered trademark. However, in order to reasonably protect registered trademarks, the law not only stipulates the trademark renewal registration system, but also provides certain remedies for those who fail to renew their registration in a timely manner. The registered trademark is still protected for one year after the expiration of the grace period.

2. The issue of 10-year renewal of trademarks.

First of all, the trademark registrant should prepare his or her own identity materials, the original trademark registration certificate, business license and other materials. Then, within 12 months before the expiration, the applicant shall provide the corresponding materials to the Trademark Office to apply for renewal. If it is approved, the renewal can be completed.

If the application is not done within the aforementioned period, a grace period of six months may be granted.

3. Are there any other costs incurred after the trademark registration is completed?

There are no other fees incurred after the trademark registration is completed. However, after the expiration of the trademark protection period, if you need to apply for renewal, there is a corresponding fee for renewing the trademark. If you do not apply for renewal, there is no fee.

According to the Trademark Law, a registered trademark is valid for ten years, counting from the date of approval of registration. If it is necessary to continue to use the registered trademark after the expiration of the validity period, the trademark registrant shall go through the renewal procedures in accordance with the provisions within 12 months before the expiration; If it is not done within this period, it may be granted a six-month extension. Each renewal registration is valid for ten years, starting from the date of expiration of the previous trademark.

If the renewal procedures are not completed, the registered trademark shall be cancelled. The Trademark Office shall announce the renewal of the registered trademark.

Article 40 of the Trademark Law of the People's Republic of China provides that 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 Trademark Office shall make a public announcement on the renewed registration.

Legal analysis: The term of protection of trademark rights is 10 years, and it can be renewed after expiration. According to the law, a registered trademark is valid for ten years, calculated from the date of approval of registration.

If it is necessary to continue to use the registered trademark after the expiration of the 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.

Legal basis: Article 39 of the Trademark Law of the People's Republic of China.

A registered trademark is valid for 10 years from the date of approval of registration.

The validity period of the trademark after registration is ten years, and if you want to continue to use the trademark after the expiration of the period, Tanji can apply for renewal, and the renewal must be applied for six months before or six months after the expiration of the term of protection.

If the renewal is not filed within this time limit, the Trademark Office will make a decision to invalidate the registered trademark, and the right holder can take the method of applying for trademark closure and omission to recover.

Legal basis] Article 56 of the Trademark Law, the exclusive right of intent of a registered trademark is limited to the trademark approved for registration and the goods approved for use.

The validity period of a registered trademark refers to the term of protection of the exclusive right of the registered trademark. The exclusive right to a registered trademark is limited by a limited duration. China's Trademark Law stipulates that a registered trademark is valid for 10 years from the date of approval of registration.

If the validity period of the registered trademark expires and it is necessary to continue to use it, the applicant shall apply for renewal of registration within 6 months before the expiration; If the application is not made during this period, a grace period of 6 months may be granted. If the application is not filed after the expiration of the grace period, the registered trademark shall be cancelled, and the validity period of each renewal registration shall be 10 years. After the renewal registration is approved, it shall be announced.

A registered trademark is protected by law, and the registrant has exclusive rights over it. Upon the expiration of the validity period, the trademark right will no longer be protected by law, and the validity period of the registered trademark shall be 10 years, calculated from the date of approval of registration. If the validity period of the registered trademark expires and it is necessary to continue to use it, it shall apply for renewal of registration within 6 months before the expiration; If the application is not filed within this period, a grace period of 6 months may be granted, and if the application is not filed within the grace period, the registered trademark shall be cancelled.

Each renewed registration is valid for 10 years.