The trademark has expired and can still be used? Renew?
If the registered trademark has expired and needs to continue to be used, you should apply for renewal of registration within six months before expiration; click here If an application is not made within this period, a six-month extension period may be granted. If an application has not been made before the extension period expires, the registered trademark will be cancelled, that is, the trademark will be invalid.
(1) If the trademark expires within six months, a renewal application can be submitted within the six-month extension period, but a delay fee must be paid. If a trademark expires beyond the six-month extension period, it is recommended that the original trademark be resubmitted for trademark registration immediately.
(2) The applicant's name and the stamp (signature) affixed to the applicant's stamp (signature) should be consistent with the name in his or her identity document.
(3) The trademark registration number should be filled in according to the "Trademark Registration Certificate", and one application for a new "Trademark Registration Certificate" should be issued.
The validity period of a trademark is 10 years, calculated from the date of approval of registration, and the period of registered use of the trademark is also calculated from the date of expiration, plus ten years.
If a registered trademark expires and needs to be continued to be used, an application for renewal of registration shall be made within 12 months before expiration; if the application is not submitted during this period, A six-month grace period may be granted. If an application has not been made before the extension period expires, the registered trademark will be cancelled. Each renewal of registration is valid for ten years.
Many trademark rights holders believe that trademark renewal is much more expensive than re-application. As everyone knows, renewal is only a formal requirement for reviewing the subject's qualifications. After applying for renewal of the registration certificate, the trademark exclusive rights can be extended for 10 years without going through the substantive review stage. Re-application for a trademark is the same as a new application. In addition to the review of formal requirements, a substantive review is also required. The so-called substantive examination is to compare the applied trademark with the trademarks in the trademark database. If the trademark is the same or similar, it will be rejected and the trademark rights will be lost. Some applicants did not submit applications for extension of exclusive rights during the trademark renewal and extension period. I thought it would be enough to reapply, but in fact I made a very serious mistake, because I don’t know how many people want to use a good trademark. Maybe it is because of this step that I lost the trademark rights.Give hands. Irreparable losses were caused, and then the turnover was spent to buy them back at a high price. Moreover, the time period for re-branding is longer than the renewal period.
Trademark rights holders must pay attention to this.
According to current legal regulations, the renewal period for a trademark is six months before the trademark is about to expire. If it has not been renewed six months before If the extension is renewed, the trademark will still have a six-month extension period, during which the trademark can continue to be used. If the extension is not renewed within the extension period, the trademark will be canceled by the Trademark Office.
Can the trademark be renewed if it has expired? If you are involved in a legal dispute and need to entrust a professional lawyer, you can click on # Lawyer Telephone Consultation# for direct consultation. We can match you with rich local case experience across the country. Lawyers to help you!
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