How long is the term of trademark protection?
The term of trademark protection refers to the legal protection of the exclusive right to use a trademark. Validity period. The validity period of a registered trademark in my country is ten years, calculated from the date of approval of registration. A registered trademark can be renewed upon expiration; the renewal of trademark rights refers to extending the validity period of the original registered trademark through certain procedures so that the trademark registrant can continue to maintain the exclusive right to the registered trademark. my country's Trademark Law stipulates that if a registered trademark expires and needs to be continued to be used, an application for renewal of registration must be made within six months before expiration. Each renewal of registration is valid for ten years. After the registration renewal is approved, it will be announced.
What are the ways to protect trademark rights
1. Registration protection: the most effective way to protect trademarks It is protected through registration. According to my country's Trademark Law, only registered trademarks can be protected by the Trademark Law and relevant regulations, while unregistered trademarks cannot be protected by the Trademark Law. Therefore, brand names, especially those that have become famous brands, Converting a name into a legally meaningful trademark name and logo is undoubtedly a shortcut to effectively protect the brand name.
2. Objection protection: Use trademark opposition, the basic procedure of trademark substantive examination, to protect trademarks with prior rights and interests. This mainly uses programs to achieve the purpose of protection, which is relatively simple. At present, the Trademark Law stipulates that objections to trademarks announced in the preliminary examination can be filed with the Trademark Office. If you are not satisfied with the ruling, you can also file a review with the Review and Adjudication Committee. If you are still dissatisfied, you can continue to 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 trademarks that have been registered by unfair means. , the purpose of protection can be achieved by applying to the Trademark Review and Adjudication Board for revocation of the ruling. This is a remedy after missing the opportunity to object. According to the procedure, it takes 2 to 4 years or even longer. Moreover, the problem is that before the review has made a decision, the reviewed trademark is still considered to be a valid registered trademark and is protected.
4. Well-known merchantsTrademark protection: Special all-round cross-class protection is achieved through recognition of well-known trademarks. There are two ways to solve the problem: active identification by applying to the National Trademark Office for identification or passive identification by requesting judicial identification through an infringement case. As a strict legal concept, well-known trademarks are identified in individual cases such as objections, reviews, infringements or lawsuits. It refers to a trademark that is widely known to the relevant public in China and has 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 editor of Legal Savior Network reminds you that if the validity period of a registered trademark has expired and you need to continue to use it, you should apply for renewal of registration within six months before the expiration. This is the relevant information summarized for you. I hope it can help you. This website is committed to creating an excellent legal consultation platform. If you have any questions, please feel free to consult with a lawyer.
