How long does it take for a trademark to be re-registered after cancellation?

When a trademark is canceled or revoked, in order to avoid confusion and misunderstanding about the source of the trademark, the following provisions are made: If a registered trademark becomes invalid due to cancellation or expiration without renewal, the trademark shall be replaced within one year from the date of cancellation or cancellation. The Office will refuse to approve new registration applications that are identical or similar to the trademark. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. How long does it take for a trademark to be re-registered after cancellation

If a registered trademark is canceled or expires for more than one year, it can Resubmit the registration application; but if it belongs to the same applicant, there is no hard time requirement.

The Trademark Office has the right to revoke the trademark if it complies with the clear provisions of relevant laws and regulations. Or canceling a registered trademark, which will cause the trademark registrant to lose the exclusive right to use the trademark and no longer be protected by law.

In the event that a trademark is canceled or revoked, in order to avoid possible confusion about the source of the trademark Question, this article specifically provides the following provisions: When a registered trademark is revoked or has not been renewed after expiration, within one year from the date of cancellation or cancellation, the Trademark Office shall apply for registration of a trademark that is identical or highly similar to the trademark. , will not be approved.

Article 46 of the Trademark Law

If a registered trademark is revoked or is not renewed upon expiration, within one year from the date of cancellation or cancellation, the Trademark Office will not approve applications for trademark registration that are identical or similar to the trademark.

2. How many years are the fines for misappropriating brand trademarks?

If a merchant or individual misappropriates a registered trademark recognized by others without authorization, it will usually be classified as counterfeiting a registered trademark, and my country's criminal law clearly stipulates this type of crime: without the written authorization and consent of the trademark owner, Those who use the same mark as their registered trademark in similar products or services will be sentenced to a fixed-term imprisonment of not more than three years if the circumstances are serious, and they will also be liable for a fine; if the circumstances are particularly egregious, they will be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years. , and corresponding fines and penalties