The number of years each renewal of a registered trademark is valid
The renewal of a registered trademark should be processed 12 days before expiration If you apply within three months, the validity period of each renewal of registration will be ten years starting from the day after the expiration of the previous term of validity of the trademark. Continuously carry out trademark renewal registration, and the validity period of registered trademarks can be extended.
Three steps to apply
(1) Prepare materials for trademark renewal application:
1. "Application for Trademark Renewal Registration";
2. Applicant’s identity document (Copy);
3. If you entrust an agent to submit the "Agency Letter", if you apply directly in the acceptance hall, submit a copy of the handler's ID card;
4. Copy of registration certificate;
5. If the application documents are in a foreign language, a copy of the registration certificate should also be provided. Chinese translation signed and confirmed by the translation agency.
Notes:
(1) Fill in the requirements one by one in the application form, and must be Type or print.
(2) One application for renewal registration should be submitted for each trademark.
(3) If you come directly to the trademark registration hall to apply, you should submit a copy of the person’s ID card; if you entrust a trademark agency to handle it, you should submit a trademark agency entrustment Book.
(4) If the trademark applied for renewal is a jointly owned trademark, the application should be made in the name of the representative.
(2) Submit application documents
1. The applicant goes directly to the trademark registration hall to apply. After the application documents are ready, submit them at the acceptance window of the trademark registration hall. The staff at the window will confirm whether the application documents are qualified.
2. If a trademark agency is entrusted to handle the application, the trademark agency will deliver the application documents to the Trademark Office.
(3) Pay the renewal fee
A renewal registration application requires a fee of 2,000 yuan. If it is within six months of the expiration date If an application for renewal registration is submitted during the extension period, a delay fee of 500 yuan is required.
If a trademark agency is entrusted to handle the application, the applicant should report to the trademark agency The agency pays the renewal fees and agency fees, and the renewal fees collected by the Trademark Office are deducted from the advance payment of the trademark agency.
Ways to protect trademark rights What are they
1. Registration protection: The most effective way to protect a trademark is through registration. According to China's "Trademark Law", only registered trademarks can be protected by the "Trademark Law" Law and relevant regulations, and unregistered trademarks cannot be protected by the Trademark Law. Therefore, converting brand names, especially those that have become famous brands, into legally significant trademark names and logos is important for effectively Protecting brand names is undoubtedly a shortcut.
2. Objection protection: Use trademark opposition, the basic procedure of trademark substantive examination, to protect trademarks with prior rights and interests. This It is mainly to use procedures to achieve the purpose of protection, which is relatively simple. Currently, the Trademark Law stipulates that you can file an objection with the Trademark Office against a trademark announced in the preliminary examination. If you are not satisfied with the ruling, you can also file a review with the Review and Adjudication Committee. If you are still not satisfied, you can continue. File an administrative lawsuit with the People's Court.
3. Review protection: Registered trademarks that pose a threat to previously registered trademarks and are considered controversial or improperly registered or otherwise A registered trademark obtained by unfair means can be protected by applying to the Trademark Review and Adjudication Board for a ruling to revoke it. This is a remedy after missing the opportunity for opposition. According to the procedure, it takes 2 to 4 years or even longer, and the problem is that the review has not been completed. Before the ruling, the reviewed trademark is still considered to be a valid registered trademark and is protected.
4. Well-known trademark protection: A special all-round cross-border approach is achieved by identifying well-known trademarks. Class protection. There is an initiative to apply for recognition from the National Trademark Office.Or it can be solved by passive determination by requesting judicial determination in a certain infringement case. In individual cases such as objection, review, infringement or litigation, it is determined that a well-known trademark, as a strict legal concept, refers to a well-known trademark that is widely known to the relevant public within the territory of China. Trademarks that are well known and have a high reputation. From the current point of view, my country's protection of well-known trademarks has changed from the previous practice of batch recognition and centralized management to the international practice of case-by-case recognition and passive protection.
The above is the legal knowledge about trademark renewal brought to you by Hualu Editor today. I hope you have a complete understanding of this issue, and It will let you know what to do next if you encounter a problem. If you encounter such a problem, you must use legal weapons to defend yourself. If you need legal advice, please enter the Legal Savior website and consult a professional lawyer. I believe you will get a perfect answer.
