1. How to replace a lost trademark registration certificate?
Trademark registrants should To apply to the Trademark Office for a reissue of a trademark registration certificate, the materials that need to be prepared are:
1. Application for a reissue of a trademark registration certificate;
2. A copy of the trademark registrant’s subject qualification certification document (copy of business license, ID card, etc.) confirmed by seal or signature;
3. If you go directly to the trademark registration hall to apply, submit the identity card and copy of the person in charge (the original will be returned after comparison); if you entrust a trademark agency to handle it, submit a trademark agency power of attorney.
2. How long is the trademark registration certificate valid for?
The validity period of the trademark registration certificate is 10 years.
Legal basis: "Trademark Law of the People's Republic of China"
Article 39 Registration The validity period of a trademark is ten years, calculated from the date of approval of registration.
Article 40 If a Registered trademark expires and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with regulations within twelve months before expiration. ; If the application cannot be processed during this period, a six-month grace period can be given. 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.
3. What are the regulations for the management of trademark use?
Legal basis: "Trademark Law of the People's Republic of China"
Article 48 The use of trademarks as mentioned in the law refers to the use of trademarks on goods, product packaging or containers, and commodity transaction documents, or the use of trademarks in advertising, exhibitions, and other commercial activities to identify the source of goods.
Article 49 If a trademark registrant changes the registered trademark, the registrant’s name, address or other registration matters on his own during the use of the registered trademark, the trademark registrant shall The local industrial and commercial administration department shall order corrections within a time limit; if corrections are not made within the time limit, the Trademark Office shall revoke the registered trademark.
If a registered trademark becomes the common name of the goods approved for use or is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the trademark. Trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council.
Article 50 If a registered trademark is revoked, declared invalid or will not be renewed upon expiration, the trademark shall be registered within one year from the date of cancellation, invalidation or cancellation. , the Trademark Office will not approve trademark registration applications that are identical or similar to this trademark.
Article 51 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 not more than 10,000 yuan may be imposed.
Article 52 If an unregistered trademark is used as a registered trademark, or the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local industrial and commercial administration The management department shall stop it, make corrections within a time limit, and may issue a notice. 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 not more than 10,000 yuan may be imposed.
Article 53 Anyone who violates the provisions of paragraph 5 of Article 14 of this Law shall be subject to the jurisdiction of the local industrial and commercial administration.The management department ordered it to make corrections and imposed a fine of 100,000 yuan.
Apply to the Trademark Review and Adjudication Board for review. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
Article 55: Upon expiration of the statutory period, the party concerned shall not apply for review of the decision of the Trademark Office to cancel the registered trademark or the review of the decision of the Trademark Review and Adjudication Board If it is decided not to file a lawsuit in the People's Court, the decision to cancel the registered trademark and the review decision will take effect.
The revoked registered trademark shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be terminated from the date of announcement.
The trademark registration certificate is very important. If it is found to be lost, it should be reissued in time. However, reissue of the trademark registration certificate requires payment of a reissue fee. After reissued the trademark registration certificate , the validity period of the registered trademark will not be restarted. I hope the above content can 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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