1. What is the review period for trademark registration?
Trademark registration The prescribed review period is nine months.
Legal basis: "Trademark Law of the People's Republic of China"
Article 28 For a trademark applied for registration, the Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application documents. If it complies with the relevant provisions of this Law, a preliminary review and announcement shall be made.
Article 29: During the review process, if the Trademark Office believes that the content of the trademark registration application needs explanation or correction, it may require the applicant to make explanations or corrections. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.
2. How is the validity period of a registered trademark determined?
Legal basis: "Trademark Law of the People's Republic of China" 》
Article 39 The validity period of a registered trademark is ten years, calculated from the date of approval of registration.
Article 40 If a registered trademark expires and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with regulations within twelve months before expiration. ; If the application cannot be processed during this period, a six-month grace 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 should announce the renewal of registered trademarks.
3. What are the regulations for the management of trademark use?
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Legal basis: "Trademark of the People's Republic of China" Law"
Article 48 The use of trademarks as mentioned in this Law refers to the use of trademarks on commodities, commodity packaging or containers, and commodity transaction documents. Or use the trademark in advertising, exhibitions and other commercial activities to identify the source of goods.
Article 49: The trademark registrant is using During the process of registering a trademark, if anyone changes the registered trademark, the name of the registrant, the address or other registration matters on his own initiative, the local industrial and commercial administration department will order him to make corrections within a time limit; if he fails to make corrections within the time limit, the Trademark Office will revoke his registered trademark.
If a registered trademark becomes the common name of the goods approved for use or is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark. Trademark The Bureau shall make a decision within nine months from the date of receipt of the application. If there are special circumstances that require an extension, it may be extended by three months with the approval of the industrial and commercial administration department of the State Council.
Article 50 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, within one year from the date of revocation, declaration of invalidity or cancellation, impose restrictions on trademarks that are identical or similar to the trademark. Registration applications will not be approved.
Article 51 Anyone who violates the provisions of Article 6 of this Law shall be ordered by the local industrial and commercial administration department to apply for registration within a time limit. It is illegal. If the business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.
Article 52 If an unregistered trademark is used as a registered trademark, or the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local industrial and commercial administrative department shall stop it. Make corrections within a time limit and may be notified. If the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of 10,000 yuan may be imposed. The following fines.Article 53 Anyone who violates the provisions of paragraph 5 of Article 14 of this Law shall be ordered to make corrections by the local industrial and commercial administration department and shall be fined 100,000 yuan.
Article 54 If the party concerned is dissatisfied with the Trademark Office’s decision to revoke or not revoke a registered trademark, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall A decision shall be made within nine months from the date of receipt of the application, and the parties concerned shall be notified in writing. If there are special circumstances that require an extension, it may be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board , may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
Article 55: Upon expiration of the legal period, the party concerned shall file a lawsuit against the Trademark Office If the decision to cancel a registered trademark does not apply for review or the Trademark Review and Adjudication Board does not file a lawsuit with the People's Court against the review decision made by the Trademark Review and Adjudication Board, the decision to cancel the registered trademark and the review decision shall take effect.
A canceled registered trademark shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall terminate from the date of announcement.
It can be seen that the registration of a trademark The review period is still relatively long. After the industrial and commercial administration department makes a preliminary review announcement, the time for the preliminary review announcement will not exceed three months. Others can raise objections to the conclusion of the preliminary review announcement by the industrial and commercial administrative department in accordance with the law. I hope that the above content It can be helpful to you. If you have other questions, you can click the button below to consult, or go to the Legal Savior website to consult a professional lawyer.
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