1. What is the procedure for trademark registration renewal
Applying for a trademark The renewal registration procedure refers to the legal procedure to continue to extend the validity period of a registered trademark. To renew the registration, the trademark registrant can apply for renewal of registration within six months before the expiration of the specified validity period in order not to lose the exclusive right to use the registered trademark after its validity period expires. If the application is not made within this statutory period, there will be a six-month extension period in accordance with the law. This means that the validity period of the registered trademark has expired, and the original trademark registrant cannot submit an application for renewal registration within the specified period. It can be given a six-month extension period, that is, within six months after the expiration of the validity period, the original trademark registrant can It is still possible to apply for renewal of registration. If a renewal application has not been submitted after the extension period, the registered trademark will be cancelled.
If a registered trademark expires without applying for renewal, within one year from the date of cancellation, the Trademark Office shall apply for registration of a trademark that is identical or similar to the trademark. Not approved. When applying for trademark renewal registration, each application should be sent to the Trademark Office in accordance with relevant national regulations. After approval by the Trademark Office, the corresponding certificate will be issued to the registrant and announced. If it does not comply with the relevant provisions of the Trademark Law, the Trademark Office will not approve or reject it.
If you entrust a trademark agency organization to apply for renewal registration, you should also submit a power of attorney for the agent in accordance with relevant regulations. The renewal registration should also be Relevant fees must be paid in accordance with regulations. If you apply for renewal within the extension period, you must also pay a delay fee. The validity period of a renewed registered trademark is calculated from the day after the expiration of the previous term of the trademark, and its validity period is still 10 years. After the registration renewal is approved, it will be announced. Trademark renewal and registration are continuous, and the exclusive right to use a trademark can become a "long-term right."
Legal basis: Article 40 of the Trademark Law of the People's Republic of China: Registration If the trademark expires and needs to be continued to be used, the trademark registrant shall handle the matter in accordance with the regulations within twelve months before expiration.Renewal procedures; if the application cannot be completed during this period, a six-month extension period can be given. 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 basis: "Trademark Law of the People's Republic of China" Article 46 of the Regulations stipulates: The validity period of an internationally registered trademark protected in China shall be calculated from the date of international registration or a later designated date. Before the expiration of the validity period, the registrant may apply to the International Bureau for renewal. If the registrant does not apply for renewal within the validity period, a 6-month extension period may be granted. After receiving the renewal notice from the International Bureau, the Trademark Office will conduct an examination in accordance with the law. If the International Bureau notifies that the trademark has not been renewed, the internationally registered trademark will be cancelled.
Legal basis: "Trademark Law of the People's Republic of China" Article 33 of the Regulations stipulates: If a registered trademark needs to be renewed, an application for trademark renewal registration shall be submitted to the Trademark Office. If the Trademark Office approves the application for trademark registration renewal, it will issue the corresponding certificate and make an announcement.
2. How to apply for trademark registration renewal
(1) Legal basis and application conditions
According to Article 40 of the Trademark Law and Article 33 of the "Trademark Law Implementation Regulations", the validity period of a registered trademark for ten years. If a registered trademark needs to be continued to be used after its validity period expires, the renewal procedures should be completed in accordance with the regulations within twelve months before expiration; if it cannot be processed during this period, a six-month extension period can be given. 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) Applicants can apply at the following locations
1. Go directly to the relevant Handle the trademark acceptance window for accepting business.
2. Go to the Trademark Examination Collaboration Center established by the Trademark Office outside Beijing to apply
3. Go directly to the Trademark Office’s office in Zhongguancun National Independent Innovation Demonstration Zone.
4. Go directly to the Trademark Registration Hall of the Trademark Office.
(3) Entrust a trademark agency registered with the Trademark Office to handle the matter.
3. Trademark application materials and processing procedures
( 1) Prepare application documents
1. The application documents that should be submitted are:
(1) "Application for Trademark Renewal Registration"
(2) A copy of the applicant’s identity document confirmed by seal or signature (such as the business name of the enterprise) Copy of license, ID card of natural person/residence permit for Hong Kong and Macao residents/residence permit for Taiwan residents/passport, etc.) (3) If the application documents are in a foreign language, a Chinese translation should also be attached. The Chinese translation should be signed and confirmed by the applicant, agency or translation agency.
2. Specific instructions
(1) Fill in the application form one by one, And must be typed or printed. If the applicant is a natural person, he or she should fill in the ID number after the name (if applying electronically, there is no need to add the ID number after the name).
(2) If a trademark agency is entrusted to handle the matter, a trademark agency power of attorney should be submitted.
(3) If the trademark applied for renewal is a jointly owned trademark, the application should be submitted in the name of the representative.
(4) According to the provisions of Article 34 of the "Trademark Law", if the objection to the trademark is determined to be untenable and the registration is approved, the trademark registration application The time for a person to obtain the exclusive right to use a trademark shall be calculated from the expiration of the three-month period of the preliminary examination announcement. Therefore, if a trademark that is still in opposition, non-registration review or non-registration review proceedings has reached the trademark renewal period, it can apply for renewal within 12 months before the expiration of the validity period; if the application cannot be made during this period Yes, a six-month extension period can be granted. Our office will decide whether to approve the renewal based on the final result of objection, registration disapproval review or litigation. If the trademark is ultimately disapproved for registration, our office will not approve the renewal application and the application fee can be refunded.
(2) Pay trademark fees
Renewal applications are charged according to category, and one category is renewed for registration The application fee is RMB 1,000. If you submit an application for registration renewal during the extension period, you will also need to pay a delay fee of RMB 250.
IV. Things to note when applying for trademark renewal
1 .After the renewal application is approved, the Trademark Office will issue the renewal certificate to the applicant. If the applicant applies directly on paper, it will be sent to the applicant by mail according to the address filled in on the application form; if it is through an agent, it will be sent to agency organization.
2. If the renewal application requires corrections, the Trademark Office will issue a notice of corrections to the applicant (if it is handled directly on paper, the information will be filled in as stated on the application form The address will be sent to the applicant by mail; if it is through an agent, it will be sent to the agency), and the applicant will be required to make corrections within a time limit. If the applicant fails to make corrections as required within the prescribed time limit, the Trademark Office has the right to disapprove the renewal application.
3. If the renewal application is disapproved, the Trademark Office will issue a "Notice of Disapproval". If the application is handled directly by paper, it will be sent to the applicant by mail according to the address filled in on the application form; if it is handled through an agent, it will be sent to the agency.
4. The category of the renewal application should be filled in according to the international classification category approved by the "Trademark Registration Certificate".
5. The renewal application can be withdrawn before the Trademark Office approves it.
After the trademark expires, if you want to continue to use this trademark, you need to apply for trademark renewal. When applying, you must prepare the relevant information required by the Trademark Office and submit it to the Trademark Office website or service window before the deadline to avoid the phenomenon of trademark expiration and preemptive registration.
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