How many years is the trademark use period?

Validity period is 10 years. The term of trademark use includes the trademark validity period, trademark renewal period and these time periods. If a Registered trademark needs to be continued to be used after expiration, it should apply for renewal of registration within six months before expiration; if the application cannot be submitted during this period, a six-month grace period may be given. Regarding the question of how many years the trademark is valid, the editor of Legal Savior Network will give you a detailed answer below.

1. How many years is the trademark use period?

1. Registered trademark The validity period is ten years, 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. Legal basis:

Article 6 of the Trademark Law of the People's Republic of China, It is clearly stipulated that goods that must use registered trademarks according to laws and administrative regulations must apply for trademark registration. Products without approved registration may not be sold in the market.

"Trademark Law of the People's Republic of China" Article 51: Violation of this provision As stipulated in Article 6 of the Law, the local industrial and commercial administrative department shall order 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 insufficient If the amount exceeds 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.

2. Does using someone else’s registered trademark in a non-trademark sense constitute infringement

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Constitute infringement. According to relevant legal provisions, trademark infringement is not limited to the use of another person's trademark in the form of a trademark to constitute trademark infringement. According to the actual situation, as long as the circumstances specified by law are met, even the use of another person's registered trademark in a non-trademark sense will constitute infringement. Anyone who commits any of the following acts shall infringe upon the registrarExclusive right to use trademarks:

1. Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant.

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.

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