How long is the validity period of a trademark after registration

Updated on Financial 2024-04-06
17 answers
  1. Anonymous users2024-02-07

    Trademark is a specialized legal term. A brand or a part of a brand is called a "trademark" after it has been registered by the relevant authorities in accordance with the law. Trademarks are protected by law, and the registrant has the exclusive right.

    Famous trademarks in the international market, often registered in many countries. There is a distinction between "registered trademarks" and "unregistered trademarks" in China. A registered trademark is a trademark that is protected by law after being registered by the relevant authorities, and an unregistered trademark is not protected by the trademark law.

    According to the relevant provisions of the Trademark Law, the validity period of a registered trademark is ten years, calculated from the date of approval of registration. In addition, Article 40 of the Trademark Law of the People's Republic of China also stipulates that if a registered 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. Legal basis: Article 39 of the Trademark Law of the People's Republic of China stipulates that a registered trademark shall be valid for ten years, calculated from the date of approval of registration.

  2. Anonymous users2024-02-06

    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 apply for renewal within 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 must file a new application for registration.

  3. Anonymous users2024-02-05

    The trademark registration is valid for 10 years from the date of approval of registration; The renewal of the trademark can be submitted within 12 months before the expiration, and if you forget to do it within these 12 months, there is a six-month grace period, and the validity period of the successfully renewed trademark is also 10 years; If the trademark renewal is not submitted after the grace period, the trademark will be cancelled.

  4. Anonymous users2024-02-04

    After the trademark is registered, the overall examination period is 4-6 months, the announcement is 3 months, and the certificate issuance period is 15-25 working days.

    After the publication period: the exclusive right period is 10 years, and in the 9th year it can be renewed for the next 10 years.

    The above experience can help you.

  5. Anonymous users2024-02-03

    Do you know how long a trademark is valid? Is a trademark valid permanently after successful registration?

  6. Anonymous users2024-02-02

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

    Article 40 Where the validity period of a registered trademark expires and it is necessary to continue to use the registered trademark, 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. The validity period of each renewal registration is 10 years, which is calculated from the day after the expiration of the previous validity period 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.

  7. Anonymous users2024-02-01

    According to Article 39 of the Trademark Law, a registered trademark is valid for ten years, starting 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 trademark registrant shall go through the renewal procedures in accordance with the provisions within 12 months before the expiration, and the validity period of each renewal registration is ten years, and there is no limit to the number of renewals.

  8. Anonymous users2024-01-31

    How long is a trademark valid after registration? In fact, a trademark has a time limit like the shelf life of food, which is what we often call the expiration date, so how many years is the validity period of trademark registration? Want to reapply when the expiration date expires? Let's introduce intellectual property rights to you.

    According to Article 39 of the Trademark Law, a registered trademark is valid for 10 years from the date of approval of registration. Renewals can be made twelve months before the expiration of the validity period and the renewal fee is paid, and each renewal is still valid for ten years. There is no limit to the number of renewals.

    If the application is not made within this period, a grace period of 6 months may be granted. If the applicant fails to renew the registration during the grace period, the Trademark Office will cancel the registered trademark and make an announcement.

    What should I do if my trademark expires? The validity period of the trademark is ten years, and it is inevitable that you will forget to renew it for such a long time, so what should you do if it expires?

    1. But you don't have to panic, the Fannai trademark has not been renewed when it expires, and there is a 6-month grace period, but you need to pay an additional 250 yuan for the renewal delay.

    2. If the trademark is not renewed during the 6-month grace period, the Trademark Office will invalidate the trademark after the expiration of the period, and there will be no such trademark again.

    3. Don't panic! Within one year of the expiration of the trademark, you can apply for the trademark again. The Trademark Law provides:

    Within one year of the expiration of the trademark, others are not allowed to register a trademark that is identical or similar to the invalid trademark. The procedure for applying for this trademark again is the same as for a normal registered trademark.

    In order to prevent the expiration of the trademark, the trademark renewal procedures should be completed within 12 months before the expiration of the validity period of the trademark, and the validity period after the renewal shall be calculated from the day after the expiration of the previous validity period of the trademark.

    For those who do not renew in the last 12 months, they can enjoy a six-month grace period, but they need to pay a delay fee of 250 yuan more than the general renewal process.

    The above is how long is the validity period of a trademark after registration? All of it. If you have any other questions about trademark registration, please feel free to log in to the intellectual property rights for consultation and understanding, we have relevant intellectual property rights to serve you.

  9. Anonymous users2024-01-30

    Hello, according to the provisions of the Trademark Law, the validity period of successful trademark registration is ten years; If you need to continue to use the registration after the expiration of the registration period, you need to renew it within 12 months before the expiration; If it is not processed during this period, there is a six-month grace period; Renewals are also valid for ten years.

  10. Anonymous users2024-01-29

    "A registered trademark is valid for ten years. If a registered trademark needs to be used again after the expiration of its validity period, it shall apply for renewal of registration within six months before the expiration. If the holder fails to file an application for renewal within this period, it may do so within a grace period of six months after the expiration of the period, subject to payment of a renewal registration delay fee.

    If the application for renewal is not filed after the expiration of the grace period, the Trademark Office will cancel the registered trademark; ”

  11. Anonymous users2024-01-28

    The validity period of a trademark after registration is ten years; When the validity period of the trademark expires, the application for renewal of registration should be applied for half a year (6 months) in advance, and the validity period after each renewal registration is ten years.

  12. Anonymous users2024-01-27

    The registration of a trademark is valid for ten years.

    Keep in mind that if you still want to use the trademark, you will have to go through the renewal process, and if you want to renew, you will need to file the application six months before the expiration date.

  13. Anonymous users2024-01-26

    1.According to Article 39 of the Trademark Law of the People's Republic of China, the validity period of a registered trademark is ten years, calculated from the date of approval.

    2.Article 40 of China's Trademark Law also stipulates that if the validity period of 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.

    3.According to the relevant laws, although there is a time limit on the use of the trademark, there is no limit to the number of renewals, and the enterprise can apply for renewal every ten years, which is also the law to protect the exclusive right to use the trademark.

  14. Anonymous users2024-01-25

    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.

  15. Anonymous users2024-01-24

    The validity period of the 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 from the date of expiration is ten years, if the expiration date is: November 11, 2012, and the validity period after the approval of renewal is November 10, 2022.

    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.

    Many trademark owners believe 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.

    In addition to the formal examination, the substantive examination is also 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 before, it will be rejected and the trademark right will be lost. Some applicants did not file an application for extension of the exclusive right within the renewal and grace period.

    After thinking that it is okay 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 maybe 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.

    Trademark owners must pay attention to this.

  16. Anonymous users2024-01-23

    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.

    Each renewed registration is valid for 10 years. After the renewal registration is approved, it shall be announced.

  17. Anonymous users2024-01-22

    China adopts the principle of registration for the acquisition of trademark rights, that is, only trademarks approved and registered by the Trademark Office of the State Administration for Industry and Commerce can generate exclusive rights. A registered trademark is valid for 10 years, calculated from the date of approval of registrationIf the validity period of the registered trademark expires and it is necessary to continue to use it, it can apply for renewal of trademark registration

    Article 28 Where a trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by another person on the same kind of goods or similar goods, the Trademark Office shall reject the application and shall not publish it.

    Article 29 Where two or more applicants for trademark registration apply for registration with identical or similar trademarks on the same kind of goods or similar goods, the trademark for which the application has been made shall be preliminarily examined and announced; If the application is made on the same day, the trademark that has been used earlier shall be preliminarily examined and announced, and the application of others shall be rejected and no announcement shall be made.

    Article 30 Any person may raise an objection to a preliminarily approved trademark within three months from the date of publication. If there is no objection at the expiration of the announcement period, the registration shall be approved, the trademark registration certificate shall be issued, and the announcement shall be made.

    Article 31 An application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has already been used by others and has a certain influence by improper means.

    Article 32 The Trademark Office shall notify the applicant for trademark registration in writing of the rejection of the application or non-publication of the trademark. If the applicant for trademark registration is not satisfied, it may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice, and the Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing. If a party is dissatisfied with the decision 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.

    Article 33 Where an objection is raised against a preliminarily approved or published trademark, the Trademark Office shall hear the facts and reasons stated by the objector and the objectee, and make a ruling after investigation and verification. If the party concerned is not satisfied, it may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice, and the Trademark Review and Adjudication Board shall make a ruling and notify the objector and the objectee in writing.

    If a party is not satisfied 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. The people's court shall notify the opposing party to the trademark reexamination procedure to participate in the litigation as a third party.

    Article 34 Where a party concerned does not apply for a review of a ruling made by the Trademark Office within the statutory time limit, or does not file a lawsuit with the people's court against the ruling made by the Trademark Review and Adjudication Board, the ruling shall take effect. If the objection cannot be sustained, it shall be approved for registration, issued with a trademark registration certificate, and announced; If the objection is sustained, the registration shall not be approved. If the objection cannot be established and the registration is approved, the time for the applicant for trademark registration 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.

    Article 35 The application for trademark registration and the application for trademark reexamination shall be examined in a timely manner.

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