1. How many years is the validity period of trademark registration?
What is the validity period of trademark registration? 10 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.
Article 39 of the Trademark Law of the People's Republic of China
Validity period of Registered trademarks Ten years shall be calculated from the date of approval of registration.
Article 40
If a registered trademark expires and it is necessary to continue to use it, the trademark registration The applicant shall go through the renewal procedures in accordance with the regulations within twelve months before the expiration; if he fails to do so during this period, he may be given a six-month extension period. 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. How to identify trademark infringement
The process of identifying or judging infringement of registered trademark rights has the following three basic steps:
1. Determine the scope of exclusive rights for registered trademarks. The scope of exclusive rights of a registered trademark is the basic basis for determining trademark infringement.
All the factors considered in determining whether a trademark infringement can be identified or alleged to constitute a trademark infringement revolve around the scope of exclusive rights to a registered trademark.
2. Determine the specific object accused of infringement. accused of infringementThe determination of the object is determined by two factors:
(1) The trademark accused of infringement
(2) The goods used in the trademark accused of infringement
The significance of determining the specific object of the alleged infringement is to determine and solidify the alleged infringement behavior carrier, laying a solid foundation for the next step of comparison with the scope of protection of trademark rights. It is as important as determining the scope of exclusive rights to a registered trademark and is another comparison object for determining trademark infringement.
3. Compare the alleged infringement object with the registered trademark and the goods approved to be used by the registered trademark, and determine whether the alleged infringing trademark and the registered trademark are the same. Or similar, and whether the goods used by the alleged infringing trademark are of the same type or similar to the goods approved for use by the registered trademark.
Through the three basic steps of identifying infringement, especially after comparing the alleged infringement object with the registered trademark and the goods approved for use by the registered trademark , you can determine whether it constitutes trademark infringement.
Chinese law stipulates that the validity period of trademark registration is 10 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. The specific regulations are as above. The editor of Legal Savior Network answered this question as above. Welcome to Legal Savior Network for legal consultation.
