How long is the trademark renewal period
Article 40 of the "Trademark Law" The Registered trademark has expired and needs to continue 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. The Trademark Office shall announce the renewal of registered trademarks.
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 the registered trademark, the renewal applicant has the right to request the People's Court, Industry and Commerce Administrative agencies or other competent departments protect registered trademarks. 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.
