Can I still register my trademark if it is invalid?

According to the current relevant laws and regulations in my country, when a registered trademark is revoked, declared invalid, or expires without renewal, within one year from the date of cancellation, invalidation or cancellation, any similar or similar trademark shall be The Trademark Office will not approve the registration application. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. Can I still register my trademark if it is invalid?

After a registered trademark is declared invalid, it can still be re-registered, but it is subject to a one-year period. time limit.

According to my country's current relevant laws and regulations, when a registered trademark is revoked, declared invalid or otherwise If the trademark is expired and not renewed, the Trademark Office will not approve the registration application for a similar or similar trademark within one year from the date of cancellation, invalidation or cancellation.

Article 49 of the Trademark Law

The trademark registrant changes the registered trademark, registrant's name, address or other registration matters on his own during the use of the registered trademark. If the trademark is not corrected within the time limit, the local industrial and commercial administrative department shall order it to make corrections within a time limit; if the trademark is not corrected within the time limit, the Trademark Office shall revoke the registered trademark.

The registered trademark becomes the common name of the goods approved for use or has been used for three consecutive times without justifiable reasons. If the trademark is not used within a year, any unit or individual may apply to the Trademark Office to cancel the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. If there are special circumstances that require an extension, it may be extended with the approval of the industrial and commercial administration department of the State Council.Extended by three months.

Article 50

If a registered trademark is revoked, declared invalid, or expires and will not be renewed, within one year from the date of cancellation, declaration of invalidity, or cancellation, The Trademark Office will not approve applications for trademark registration that are identical or similar to the trademark.

2. Can I apply for registration of a trademark myself?

In China, Individuals can also apply for Registered trademarks in accordance with the law. The qualifications mainly include the following aspects: first, the applicant must have other types of industrial and commercial business licenses, such as belonging to institutions, social groups, individual industrial and commercial entities, etc.; secondly, the individual Citizens, legal persons or enterprises and institutions of other countries that are in partnership or have concluded relevant cooperation agreements with China, as well as those that participate in international treaties or are handled in accordance with the principle of reciprocity, can also apply.