1. How long is the validity period for applying for trademark registration?
Legal basisArticle 39 of the Trademark Law stipulates that the validity period of a registered trademark is ten years, calculated from the date of approval. You can renew and pay the renewal fee twelve months before the expiration of the validity period. Each renewal is still valid for ten years. There is no limit to the number of renewals. If the application is not submitted within this period, a 6-month extension period may be granted. If the renewal of registration is not submitted within the extension period, the Trademark Office will cancel the registered trademark and make an announcement. Trademark renewal can be handled by yourself or through a trademark agency. If you entrust a trademark agency to handle it, you only need to prepare relevant application materials. Information required for trademark renewal:
(1) Trademark renewal registration application form;
(2) Letter of attorney;
(3) Copy of business license with official seal (provided by the company), copy of ID card (Provided by the individual);
(4) Copy of trademark registration.
Notes on trademark renewal:
(1) After the renewal application is approved, the trademark The Bureau will issue the renewal certificate to the applicant by mail according to the address filled in the application form.
(2) If the renewal application does not comply with the regulations, the Trademark Office will notify the applicant in writing by mail to make corrections within a time limit according to the address filled in the application form. .
(3) If the renewal application cannot be approved due to other reasons, the Trademark Office will notify the application in writing by mail according to the address filled in the application form.people.
(4) If the applicant entrusts a trademark agency to handle the renewal application, the Trademark Office will not directly have any correspondence with the applicant. All documents are sent to the trademark agency.
(5) The category of the application should be filled in according to the international classification category approved by the "Trademark Registration Certificate".
2. How much does it cost to register a trademark?
(1) Paper application fee standard (by category): 300 yuan (limited to 10 products in this category. For more than 10 products, for each product exceeding 1, each An additional 30 yuan will be charged for each item).
(2) Online application fee for accepting electronic documents (by category): 270 yuan (limited to 10 products in this category. For more than 10 products, every additional 1 product, each product is charged an additional 27 yuan).
3. How long is the statute of limitations for trademark infringement lawsuits?
China's Trademark Law and its Implementing Regulations do not clearly stipulate the statute of limitations for trademark infringement. Legal basisstyle="text-indent:28px; white-space:normal;"> span>"The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" stipulates that the statute of limitations for infringement of the exclusive right to use a registered trademark is two years, starting from the date when the trademark registrant or interested owner knows or should know about the infringement. . If the trademark registrant or interested party files a lawsuit more than two years ago, if the infringement is still continuing at the time of the lawsuit, within the validity period of the exclusive right to use the registered trademark, the people's court shall order the defendant to stop the infringement, and the amount of infringement damages shall be determined from the right holder. The calculation shall be calculated forward two years from the date of filing a lawsuit in the People's Court.
The statute of limitations for trademark infringement litigation is two years. If the lawsuit is pursued after more than two years, the People's Court will no longer accept the case. If it is a paper version of trademark registration, one trademark is 300 yuan. I hope the above content will 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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