Can’t a trademark be registered within one year after cancellation?

According to the relevant provisions of my country's currently effective Trademark Law, if a registered trademark is revoked or expires without renewal for more than one year, other companies can submit applications for registration of similar trademarks. 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 a trademark not be registered within one year after cancellation

According to the relevant provisions of the "Trademark Law" currently in effect in our country, if a registered trademark is Only after it has been revoked or expired and has not been renewed for more than one year can other companies submit applications for registration of similar trademarks.

Among them, if the registered trademark is declared invalid or has expired and failed to be successfully renewed, Within one year from the date of invalidation or cancellation, the Trademark Office will not accept new applications for such trademarks that are similar or have similar status to the original trademark.

If a trademark application is filed for a similar trademark after exceeding this one-year period, are not subject to the above provisions.

If the trademark is owned by the same applicant and the application is filed within the same time period, then The applicant has no time limit during this period and can submit a new trademark application at any time.

There is indeed a "cooling off period" for a trademark within one year after cancellation. During this period, other companies cannot register identical or similar trademarks.

Article 50 of the Trademark Law

If a registered trademark is revoked, declared invalid or will not be renewed upon expiration, the Trademark Office will not approve any application for trademark registration that is identical or similar to the trademark within one year from the date of cancellation, invalidation or cancellation. .

2. Do you need to pay an annual trademark fee?

Trademark is successful There is no need to pay any annual fees to the relevant agencies after registration.

The reason is that the trademark law does not There is no annual payment obligation for trademarks

It is worth noting that the Trademark Law There are also requirements for renewal payment.

According to the clear provisions of relevant laws and regulations, when When a registered trademark expires, if the registered trademark holder wants to continue to use the trademark, he must go through the renewal procedures in accordance with relevant regulations within twelve months before the contract expires.