1. How many years can a trademark be used?
The validity period of a registered trademark Ten years shall be calculated from the date of approval of registration.
If the 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 the expiration; if the trademark is not used during this period, Those who can handle it can be given a six-month extension period. 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. Is it necessary to register a trademark to use it?
Yes, Legal Basis Article 6 of the Trademark Law clearly stipulates: Goods that are required to use registered trademarks under laws and administrative regulations must apply for trademark registration. If the registration is not approved, they may not be sold in the market. At the same time, Article 51 of the Law stipulates: “Anyone who violates the provisions of Article 6 of this Law shall be ordered by the local industrial and commercial administration department to apply for registration within a time limit. 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 less than 10,000 yuan may be imposed." It can be seen that in principle, trademarks can be used without registration, but if laws and administrative regulations stipulate that goods must If you use a registered trademark, you must register it before you can use it.
3. Does using someone else’s registered trademark in a non-trademark sense constitute infringement?
constitutes infringement. According to relevant legal provisions, trademark infringement is not limited toOnly the use of another person's trademark in the form of a trademark constitutes trademark infringement. According to the actual situation, as long as the circumstances stipulated by law are met, even the use of another person's registered trademark in a non-trademark sense also constitutes infringement. Anyone who commits any of the following acts is an infringement of the exclusive rights of a registered trademark:
1. Using the same product on the same product as the registered trademark without the permission of the trademark registrant The trademark is the same as the trademark.
2. Use a trademark similar to the registered trademark on the same product without the permission of the trademark registrant, or use the same registered trademark on similar products or similar trademarks that may easily lead to confusion.
3. Selling goods that infringe the exclusive rights of registered trademarks.
4. Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks.
5. Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put into the market.
6. Intentionally providing facilities for infringement of other people's exclusive trademark rights and helping others to carry out infringement of trademark exclusive rights.
7. Causing other damage to others’ exclusive rights to registered trademarks.
Legal basis for the period of use of registered trademarks:
"China Article 39 of the Trademark Law of the People's Republic of China stipulates that the validity period of a registered trademark is ten years, calculated from the date of approval of registration.
Article 40 of the "Trademark Law of the People's Republic of China" If a registered trademark has expired and needs to be continued to be used, the trademark registrant shall notify the applicant twelve months before expiration Go through the renewal procedures in accordance with regulations within this period; if you fail to do so during this period, you can 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.
my country provides more protection for registered trademarks than ordinary trademarks. However, there will be a period of protection after trademark registration. The general rule is 10 years, calculated from the date of registration approval. However, before this validity period expires, the trademark owner can actually apply for renewal. Some people understand that if the extension can be renewed on time, it will actuallyThe validity period of a registered trademark can be said to be permanent. 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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