1. Can a trademark still be used if it is invalid?
If a trademark has no legal If it is effective, then it cannot be used under normal circumstances, otherwise it will be illegal.
The validity period of a registered trademark is 10 years. If a registered trademark needs to be continued to be used after it expires, an application for registration renewal should be made within 6 months before expiration. If you fail to apply during this period, there is still a 6-month extension period. If an application has not been filed within the extension period, the Trademark Office will cancel it after the expiration of the extension period.
2. Legal Basis
Article 47 of the Trademark Law of the People's Republic of China
In accordance with Article 44 and Article 4 of this Law A registered trademark declared invalid in accordance with the provisions of Article 45 shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be deemed to have ceased to exist from the beginning.
Decisions or rulings declaring the registered trademark invalid, judgments, rulings, mediation documents and industrial and commercial trademark infringement cases made and executed by the People's Court before the invalidation Decisions on handling trademark infringement cases made and implemented by administrative departments and trademark transfer or licensing contracts that have been performed do not have retroactive effect. However, compensation shall be provided for losses caused to others due to the bad faith of the trademark registrant.
Through the editor's introduction, we can understand that according to regulations, if a trademark expires, it cannot continue to be used. This is legally stipulated. It must be implemented in accordance with the regulations, I hope everyone understands. The above-mentioned relevant content compiled by the editor of Legal Savior Network for you, if you stillIf you have any questions, you can consult the relevant lawyers on the Legal Savior Network.
