1. How long is the protection period for online trademark registration? ?
1. The protection period of a registered trademark is 10 years and can be renewed after expiration.
2. Legal basis : "Trademark Law of the People's Republic of China"
Article 39 The validity period of a registered trademark is ten years, calculated from the date of approval of registration.
Article 40 If a registered trademark expires and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with the regulations within twelve months before expiration; if it fails to do so during this period, a six-month extension period may be granted. Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled.
The Trademark Office shall announce the renewal of registered trademarks.
2. What are the regulations for the management of trademark use?
"Trademark Law of the People's Republic of China"
Article 48 The use of trademarks as mentioned in this Law refers to the use of trademarks on commodities, commodity packaging or containers, and commodity transaction documents , or use trademarks in advertising, exhibitions and other commercial activities to identify the source of goods.
Article 49: In the process of using the registered trademark, the trademark registrant may change the registered trademark, the registrant’s name, address or other registration matters on his own initiative If it is not corrected within a time limit, the local industrial and commercial administration department will order it to make corrections within a time limit; if it fails to make corrections within the time limit, the Trademark Office will revoke its registered trademark.
If a registered trademark becomes the common name of the goods approved for use or is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark. The Trademark Office shall automatically A decision will be made within nine months from the date of receipt of the application. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council.
Article 50 A registered trademark is revoked, declared invalid or expires without renewal Within one year from the date of cancellation, invalidation or cancellation, the Trademark Office will not approve applications for trademark registration that are identical or similar to the trademark.
Article 51 Anyone who violates the provisions of Article 6 of this Law shall be ordered by the local industrial and commercial administration department If you apply for registration within a time limit and the illegal business volume exceeds 50,000 yuan, you may be fined up to 20% of the illegal business volume. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, you may be fined up to 10,000 yuan.
Fifty-two Article 11 If an unregistered trademark is used as a registered trademark, or the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local industrial and commercial administrative department shall stop it, make corrections within a time limit, and may notify the person. If the illegal business volume exceeds 50,000 yuan, , a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.
Article 53 Violation of the provisions of paragraph 5 of Article 14 of this Law If not, the local industrial and commercial administration department will order it to make corrections and impose a fine of 100,000 yuan.
Article 54 If the party concerned is dissatisfied with the Trademark Office’s decision to revoke or not revoke a registered trademark, he or she may file a lawsuit within 15 days from the date of receipt of the notice. Apply to the Trademark Review and Adjudication Board for reexamination within 9 days. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing. If there are special circumstances that require an extension, it may be extended for three years with the approval of the industrial and commercial administration department of the State Council. months. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
Article 55: When the legal period expires, the party concerned does not apply for review of the Trademark Office’s decision to cancel the registered trademark or If you do not file a lawsuit with the People's Court against the review decision made by the Trademark Review and Adjudication Board, the decision to cancel the registered trademark and the review decision will take effect.
The canceled registered trademark will be announced by the Trademark Office, and the exclusive right to use the registered trademark will be terminated from the date of announcement.
3. Trademark infringement What to do
Trade name is the manufacturer's trade name, which can be used as a company or product logo just like trademark rights. If a trade name or trademark is infringed, the party concerned can handle it in the following ways:
1. Request the infringer to stop the infringement andAnd bear infringement liability, such as compensation for losses caused by infringement. The parties concerned can negotiate on their own regarding compensation issues. If the negotiation fails, they can apply for mediation by the industrial and commercial administration department. If mediation fails, they can file a lawsuit in court.
2. Infringement If it does not constitute a crime, the industrial and commercial administration department will impose administrative penalties such as fines and confiscation of illegal gains.
3. Constituting a crime If so, criminal liability may be investigated for the crime of counterfeiting a registered trademark, selling goods with counterfeit registered trademarks, etc.
If you plan to apply for registration To register a trademark, you can submit a registered trademark application to the local industrial and commercial administration department on an online platform. In addition, online business platforms can also apply for registered trademarks. As for the protection period of a registered trademark, it is uniformly stipulated by the national legal system. When registering a trademark It is also clearly marked on the certificate. The protection period of registered trademarks is 10 years, but the "Trademark Law of the People's Republic of China" clearly stipulates that if you need to continue to use the trademark, you can apply for trademark renewal 12 months before expiration, and there are still 6 months after the expiration of the trademark use right. A grace period of three months. If the renewal is not processed within the grace period, the Trademark Office may cancel the registered trademark in accordance with the law. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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