What is the interpretation of Article 50 of the Trademark Law
Article 50 of the "Trademark Law" If a Registered trademark is revoked, declared invalid or will not be renewed upon expiration, it shall be automatically revoked, declared invalid or Within one year from the date of cancellation, the Trademark Office will not approve trademark registration applications that are identical or similar to the trademark.
[Interpretation] This article is about the cancellation of registered trademarks , the provisions on the disapproval of registration applications for similar trademarks after they have been declared invalid or cancelled.
The registered trademark has been revoked, declared invalid or The legal consequence of cancellation is that the registrant of the registered trademark loses the exclusive right to use the trademark and is no longer protected by law. In accordance with the relevant provisions of this Law, if a trademark registrant changes the registered trademark, the registrant's name, address or other registration matters on its own initiative, and the registered trademark becomes the common name of the goods approved for use or is not used for three consecutive years without justifiable reasons, the trademark registrant shall The Bureau revoked its registered trademark in accordance with the law. If a registered trademark has illegal circumstances such as a sign that cannot be used as a trademark, or if the registration was obtained by deception or other improper means, the Trademark Office or the Trademark Review and Adjudication Board shall declare the registered trademark invalid in accordance with the law. The validity period of a registered trademark is 10 years. If the trademark registrant needs to continue to use it after the expiration date, the trademark registrant should go through the renewal procedures in advance, or can go through the renewal procedures within the extension period. If the trademark registrant does not go through the renewal procedures at the end of the period,If the formalities are not followed, the registered trademark shall be cancelled.
The registered trademark is revoked, declared invalid or canceled, and the trademark registrant’s exclusive right to use the trademark no longer exists. In this case, if other units or individuals apply for trademark registration that is identical or similar to the trademark, there is no conflict in rights and should be allowed. However, a registered trademark that has been revoked, declared invalid or canceled, before being revoked, declared invalid or canceled, except for the situation of not being used for three consecutive years, has been used after all and is more or less on the market. have a certain impact. In order to maintain the order of the market economy, protect the interests of consumers, and prevent unnecessary misunderstandings and losses, it is necessary to impose certain restrictions on trademark registration applications that are identical or similar to the trademark within a certain period of time. Therefore, this article clearly stipulates: If a registered trademark is revoked, declared invalid or will not be renewed upon expiration, within one year from the date of cancellation, invalidation or cancellation, the Trademark Office shall apply for registration of a trademark that is identical or similar to the trademark. Not approved. In other words, if more than one year has passed since a registered trademark was revoked, declared invalid or canceled, the Trademark Office shall approve an application for trademark registration that is identical or similar to the trademark in accordance with the law.
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