How to renew a trademark
According to Article 40 of the Trademark Law Article: “If a registered trademark has expired and needs to be continued to be used, the trademark registrant shall handle 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 extension period may be granted. The validity period of each renewal registration is ten years, calculated from the day after the expiration of the previous term of the trademark. If the renewal procedure is not completed at the end of the period, the registered trademark will be cancelled." In other words, the application for trademark renewal registration shall be from the date of expiry of the trademark. Applications can be submitted from twelve months before the expiration date to six months after the expiration date, and will be accepted by the Trademark Office.
Before expiration Twelve months is generally called the renewal application period, and the six months after the expiration of the validity period is called the renewal extension period. For renewal registration applications submitted during the extension period, in addition to paying the renewal registration application fee, the applicant must also follow the regulations. Pay late fees. However, even if the renewal application is submitted during the extension period, the validity period after the renewal is approved will still be calculated from the expiration date of the original registration validity period, not from the expiration date of the extension period.
When applying for trademark renewal procedures, a "Trademark Renewal Registration Application" should be sent to the trademark for each application. . The "Application for Trademark Registration Renewal" should be filled out in a standardized manner, and ten trademark drawings should be sent at the same time. For approved trademarks with specified colors, the original color trademark drawings should also be sent, the original "Trademark Registration Certificate" should be returned, and the fee should be paid. It should be noted that the submitted trademark should be consistent with the approved pattern on the trademark registration certificate, and the word trademark should not change the font arbitrarily. Otherwise, the Trademark Office will not renew the registration.
After the application for renewal of trademark registration has been reviewed and approved by the Trademark Office, the original "Trademark Registration Certificate" will be annotated and returned, and announcement. 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. If the applicant is dissatisfied with the Trademark Office’s rejection of the registration renewal application, the applicant mayWithin fifteen days from the date of registration, send an "Application for Refusal of Renewal and Reexamination" to the Trademark Review and Adjudication Board to apply for reexamination. At the same time, attach the original "Application for Renewal of Trademark Registration" and the rejection notice, and pay the review fee. The Trademark Review and Adjudication Board makes a final decision and notifies the applicant in writing. If the final decision is to approve the renewal of registration, it will be transferred to the Trademark Office for renewal procedures.
The above knowledge is the editor's answer to the question "How to renew a trademark". If you need more legal help , welcome to the Legal Savior Network for legal consultation.
