Is there any limit on the term of use of trademark rights?

In the real world, we find that the registered trademark owner has the exclusive right to use, profit and disposal rights, as well as the right to renew and prohibit others from infringing upon his or her registered trademark. But are these rights permanent? Are there any restrictions on the useful life of Trademark rights? In this regard, the editor of Legal Savior Network will give you specific answers to relevant questions below.

1. Is there a limit to the period of use of trademark rights?

Yes, " Article 39 of the Trademark Law stipulates that the validity period of a registered trademark is 10 years, calculated from the date of approval.

"Trademark Law" Article 40 The 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 the expiration; if it fails to handle the renewal during this period, a six-month extension period may be granted. 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.

According to the provisions of our country's laws, the validity period of trademark rights is 10 years, but trademark rights can be continuously renewed, so in fact, as long as the party concerned chooses to renew the trademark rights There will be no time limit.

2. What are the ways to obtain trademark rights?

1. There are two ways to obtain trademark rights:

(1) Original acquisition and inherited acquisition. The original acquisition of trademark rights, also known as the direct acquisition of trademark rights, means that the trademark right is created, and its creation is not based on the existing trademark rights of others, nor is it based on his will.

(2) The inheritance of trademark rights, also known as the transfer of trademark rights, refers to the acquisition of trademark rights based on the existing trademark rights of others and the will of others. Obtaining trademark rights

2. Principles for obtaining trademark rights

(1) Principles of use

The principle of use, that is, the principle of obtaining trademark rights through use, refers toTrademark rights arise naturally from the use of a trademark, and trademark rights are established based on the fact of trademark use.

(2) Registration principle

The registration principle, that is, the principle of obtaining trademark rights through registration, is It means that the trademark right is established due to the fact of registration, and only the registered trademark can obtain the trademark right.

(3) Mixed principle

The mixed principle, that is, the principle of compromise, refers to the principle of When establishing a trademark right, both use and registration facts must be taken into consideration. Trademark rights can arise from registration or use.

3. Provisions on inheritance of trademark rights

Individual industry and commerce The trademark right applied for registration is a property right.

If the trademark registrant dies during the validity period of the trademark, his heirs should promptly report to the Trademark Office to change the trademark registration, change the name of the registrant, and become a new registration person, that is, inherits the trademark right. It also has the right to transfer the exclusive right to use a trademark, and to license others to use it through a trademark licensing contract and collect royalties. When the exclusive right to use a registered trademark is infringed, you can also request the infringer to stop the infringement and compensate for losses. The heirs inherit the exclusive rights to the trademark during the validity period of the trademark. If the registration expires, the heirs can apply for renewal to continue to enjoy the exclusive rights. If the heir fails to apply for renewal, the exclusive right to use the registered trademark will be lost.

The exclusive rights to registered trademarks enjoyed by enterprises and institutions cannot be regarded as the personal property of a certain person, so they cannot be inherited as personal inheritance, but can only be transferred .

IV. Circumstances in which trademark rights are terminated

1. Because the legal validity period of the registered trademark has expired and the renewal registration has not been carried out, the registered trademark has been cancelled, and the trademark rights have been terminated

2. The trademark registrant automatically applied for cancellation of registration resulting in the termination of trademark rights

3. Due to a dispute over a registered trademark, the Trademark Review and Adjudication Board ruled to revoke the registered trademark, resulting in the termination of trademark rights

4. Due to the death of the trademark registrant orOtherwise, the trademark rights will be terminated due to the termination of the trademark.

5. Due to improper trademark registration, the registration will be canceled by the Trademark Office or the registration will be canceled by the Trademark Review and Adjudication Board, resulting in the termination of the trademark rights.

6. The Trademark Office revoked the registered trademark because the trademark registrant violated the provisions of the Trademark Law, resulting in the termination of the trademark rights

Based on the above, the editor has compiled relevant content about trademark rights. It can be seen that the trademark owner has exclusive rights to use, profit, and dispose of the trademark. The term of trademark rights is 10 years, but it can be continuously renewed, so as long as it is renewed, it is equivalent to no time limit. If you have more questions in this regard, Legal Savior Network provides professional legal consulting services.