What are the legal protection principles for registered trademarks during the renewal period
1. Application principles. The so-called application principle means that if the trademark owner applies for renewal within the renewal period stipulated by law, the registered trademark will be protected by law, otherwise it will no longer be protected by law. Article 38 of my country’s Trademark Law stipulates: “If a registered trademark has expired and needs to be continued to be used, it shall apply for renewal of registration within six months before the expiration; if the application fails to be made during this period, six months may be granted. month extension period. If an application has not been filed at the end of the extension period, its registered trademark will be cancelled."
2. Principle of retroactivity. The so-called retroactive principle means that if you apply for renewal within the extension period after the expiration of a registered trademark, after the registration is approved, the validity period of the renewed registration will be calculated from the day after the previous expiration date. In this way, registered trademarks can receive legal protection without interruption. During the extension period of a registered trademark, if the trademark registrant applies for renewal and is approved, it continues to exist. If others use the same or similar trademark as the trademark during this period, it is an act; the person fails to apply for renewal, or files a renewal application. If the renewal application is not approved, the exclusive right to use the trademark will not be protected by law after the expiration date.
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