1. How many days in advance do I need to submit materials for trademark renewal?
Trademark The registration is valid for ten years. If you want to continue to use it after expiration, you can submit a renewal application within one year before expiration; if it is not applied during this period, there is a 6-month extension period; the trademark is not submitted during the extension period. If it is renewed, its trademark will be cancelled. After the application for renewal of trademark registration is reviewed and approved by the Trademark Office, the original Trademark Registration Certificate will be annotated, returned, and announced. However, if there are circumstances in which trademark law stipulates that renewal should not be granted, the Trademark Office will make a decision to reject it.
Legal basis:
Article 40 of the Trademark Law
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 grace period may be granted.Each renewal of registration is valid for ten years, calculated 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.
2. Can trademark rights be renewed indefinitely
The term of trademark rights is also called the validity period of a registered trademark. It means that the trademark owner has exclusive rights to the registered trademark within a certain period of time.
The term of trademark rights is the validity period during which the exclusive right to use a trademark is protected by law. The legal protection of trademarks is not permanent, but is limited to a certain period of time. my country's Trademark Law stipulates that the validity period of a registered trademark is 10 years.
Of course, before the expiration of the protection period, the trademark owner can apply to the relevant department for renewal, so that the trademark will be protected by law again. 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 review the renewal of registrationThe trademark shall be announced.
The "renewal" of a registered trademark means that at the request of the trademark registrant, the State Trademark Office continues to register a registered trademark that has expired in accordance with the law and extends its exclusive rights. Validity period and the procedures for announcing it. At the same time, there is no limit to the number of times a registered trademark can be renewed. Under normal circumstances, the trademark registrant can renew it indefinitely as long as the trademark registrant is willing.
According to regulations, trademark registrants must apply to the Trademark Office one year in advance before the expiration of the trademark. They can have an extension of up to six months. Without the extension, the registrant also loses the exclusive rights to the trademark. Once a trademark is cancelled, the applicant must start over by registering another trademark, which is equivalent to starting from scratch.
[Warm reminder] Not every situation is objective and consistent. The same type of answer can solve 85% of the legal risks we encounter. But the real solution requires detailed analysis of specific problems. In complex cases, it is recommended to consult a professional lawyer as soon as possible, and it only takes 3 to 15 minutes to get a targeted answer!
