How to protect a registered trademark during the renewal period
First, if you apply for renewal during the validity period of a registered trademark, whether it is Whether the registered trademark is approved before the expiration of the validity period, during the extension period, or after the expiration of the extension period, the registered trademark will be continuously valid. The validity period of the renewed registration shall be calculated from the day after the expiration of the previous validity period. The law will continue to protect it. Any illegal use of the registered trademark shall constitute infringement.
Second, if an application for renewal is made during the extension period, and the original trademark owner requests to deal with the infringement of the registered trademark before the renewal application, the People's Court and the Industrial and Commercial Administration will The management agency should not accept it. Even if the subsequent renewal application is approved, the original trademark owner will not have the right to claim damages for infringements that occurred before the application was filed during the extension period.
Third, if the renewal application within the validity period or extension period of the registered trademark is not approved, the exclusive right to use the registered trademark will be extinguished from the date of expiration. . The original trademark owner shall not request legal protection on the grounds that others have infringed upon the registered trademark.
Fourth, between the expiration of the validity period and the final rejection of the renewal application, if others infringe the registered trademark, the renewal applicant has the right to request the People's Court, Industry and Commerce Administrative agencies or other competent departments protect registered trademarks.
The competent authority should file a case or accept it and provide advance protection. However, the request for compensation for losses should be made after it is determined whether the renewal application has been verified.
The above is the relevant knowledge about the above issues compiled by Hualu editor for you. This website provides you with professional lawyer consultation. If you have any questions, Welcome to the Legal Savior Network for consultation.
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