1. What are the differences between trademarks and trade names?
(1) Different functions and functions
First of all, trade names are used to distinguish different companies, while trademarks are used to distinguish different products. Generally speaking, a company or enterprise can only have one trade name. As for trademarks, they can be registered according to different products. Under certain circumstances, a trade name can sometimes be used as a trademark, but a trademark is not a trademark to a certain extent. OK.
(2) Different forms of expression
According to the provisions of the "Enterprise Name Registration Management Regulations" , a trade name can generally only be composed of two or more Chinese characters. According to the provisions of my country's Trademark Law, trademarks can be combined with numbers, graphics, pinyin, colors and English letters.
(3) The scope and effect of use are different
China’s regulations on trademark rights are: Once a trademark is registered, it is valid nationwide, and the useful life of the trademark right is also stipulated to be ten years, and can be renewed after expiration; while the trade name right has certain regional restrictions, and must first be approved by the industrial and commercial administration It can be used within a certain area after approval by the General Administration, but there is no limit on the use period of the trade name.
Legal basis: Article 39 of the Trademark Law of the People's Republic of China
Registration The validity period of a trademark is ten years, calculated from the date of approval of registration.
Article 40 of the Trademark Law of the People's Republic of China
When a registered trademark expires, If it is necessary to continue to use the trademark, the trademark registrant shall go through the renewal procedures in accordance with the regulations within twelve months before the expiration; if it fails to do so during this period, it may be given six monthsmonth of grace. 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.
2. How long is the validity period of a well-known trademark?
Well-known trademarks do not have the issue of validity period. The protection period of well-known trademarks is the same as that of ordinary trademarks, and the validity period after registration is 10 years. It needs to be renewed after expiration. If it is not renewed, the well-known trademark will be cancelled.
1. If the holder of a trademark that is well-known to the relevant public believes that its rights have been infringed, it may apply for well-known trademark protection in accordance with the provisions of this law.
If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China, and is likely to cause confusion, it will not be registered and Use prohibited.
A trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public, and causing the well-known If the interests of the trademark registrant may be harmed, the trademark shall not be registered and its use shall be prohibited.
2. The validity period of a registered trademark is ten years, calculated from the date of approval of registration.
3. If the registered trademark expires and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with the regulations within twelve months before expiration; If the application cannot be processed during this period, a six-month grace 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.
The validity period of well-known trademarks and ordinary trademarks is the same, which is ten years. After expiration, the trademark loses legal protection. If an expired trademark is misappropriated, you will not be held responsible because you have not applied for an extension. 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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