What information needs to be submitted for trademark renewal?

The validity period of a Registered trademark in China is ten years. If it is necessary to continue to use it after the validity period, the trademark owner should apply for renewal of registration within twelve months before the expiration; if no application is made during this period, the trademark owner can apply for renewal within six months given by the Trademark Office. Apply within the three-month extension period and pay the renewal delay fee. If an application has not been submitted before the expiration of the exhibition period, the registered trademark will be canceled by the Trademark Office in accordance with the law. Today, the editor of Legal Savior Network brings you information on what materials need to be submitted for trademark renewal.

What materials need to be submitted for trademark renewal

1. "Trademark Agency Power of Attorney": Entrust us with intellectual property rights If acting as an agent, a power of attorney stamped with the applicant’s seal is required. Applicants from outside mainland China who want to apply for trademark renewal in China must entrust a trademark agency to do so.

2. "Application for Trademark Renewal": If you entrust an agency to apply for trademark renewal, it will be produced by the agency. Applicant’s identity document (copy). If the application documents are in a foreign language, a Chinese translation signed and confirmed by a translation agency should also be provided.

3. Trademark drawings: 8 copies.

Legal protection of registered trademarks during the renewal period

The legal effect of registered trademarks during the renewal period can It can be summarized as the following basic points:

First, if you apply for renewal during the validity period of a registered trademark, whether it is before the expiration of the validity period, during the extension period or during the extension period, Once approved upon expiration, the registered trademark will continue to be 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 upon the registered trademark, the renewal applicant has the right to request the People's Court, the industrial and commercial administration or other competent authorities to protect the registered trademark. The competent authority shall file the case or accept the case and provide advance protection, but the request for compensation for losses shall be made after the renewal application has been verified and determined.

If you have any other questions, you are welcome to go to the Legal Savior Network for online consultation.