Can re-application for registration replace trademark renewal
No. There are substantial differences between re-application for registration and renewal of registration
1. Whether substantive examination is required
(1 ) Approval of registration renewal application does not require substantive examination
"Trademark Law", "Renewal registration shall be announced after approval"; "Trademark Law Implementation Regulations" stipulates, "If a registered trademark needs to be renewed, an application for trademark renewal registration shall be submitted to the Trademark Office. Approval by the Trademark Office After applying for trademark registration renewal, the corresponding certificate will be issued and announced."
Whether the application for renewal registration needs to be processed Although there are no clear provisions on substantive examination, "substantive examination" is an administrative act based on the relevant provisions of the "Trademark Law" and "Trademark Law Implementation Regulations" to decide whether to preliminarily approve a trademark registration application. This act is directly related to trademark registration.The applicant's vital interests therefore fall within the category of "passive administration". This type of administration should be subject to strict legal restrictions, which is the so-called "there is no administration without clear legal provisions".
It can be concluded that the Trademark Office’s decision on renewal The registration application will no longer undergo substantive examination. In practice, generally speaking, as long as the renewal registration application is submitted during the renewal period or extension period, and the applicant's name is consistent with the name of the original registered trademark, it will be approved and the time required is relatively short.
(2) Re-application for registration must undergo substantive examination
However, a resubmitted registration application is regarded as a new application and must be reviewed again in accordance with current trademark laws and regulations from both the absolute and relative grounds for prohibiting registration to determine whether it can be registered.
2. Can the registered trademark rights be uninterrupted? The land can be continued
According to the "Regulations on the Implementation of the Trademark Law" Article 40, "The validity period of a renewed registered trademark shall be calculated from the day after the expiration of the previous term of validity of the trademark." However, through renewal of registration, the registered trademark rights of the registered trademark can be naturally extended from the expiration of the previous limited period. There is no interval between the start of a validity period.
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