What is trademark renewal
The renewal of trademark rights refers to the extension of the validity period of the exclusive right to use a trademark.
The registered trademark has expired and needs to be continued to be used , you can apply for registration renewal. After the renewal registration is approved by the Trademark Office, the trademark owner can continue to enjoy the trademark rights. A trademark is a distinctive sign of a company's products. As long as the company continues to engage in the production or distribution of goods, the existence of a trademark is necessary. As a product that distinguishes different companies, the older the brand, the deeper its influence among the masses. Therefore, keeping trademark rights valid for a long time is in the common interests of producers and consumers. It is also conducive to trademark management and maintaining social and economic order. To this end, the trademark registration regulations not only stipulate the validity period of trademark registration, but also stipulate the trademark renewal registration procedure to maintain the long-term legal effect of the exclusive right to register a trademark.
There are two opinions on the legal nature of registration renewal: one opinion is that it creates new rights, and the other opinion is that it is an extension of the validity period. General opinion supports the latter opinion. The reason is: when applying for registration renewal, Erotic Lover already enjoyed the trademark rights, and the purpose of the application was not to request the acquisition, change or expansion of the rights, but to request the continued enjoyment of the rights. Furthermore, the procedures for applying for registration renewal are different from applying for registration, and there is no need to declare the designated product name and category.Category, main raw materials, technical standards and other contents, because these contents have been reviewed and approved at the time of trademark registration. In addition, the validity period requirement of the approved renewal registration is connected with the previous validity period, which also illustrates the continuing relationship between the two.
Article 40 of the Trademark Law Registered Trademarks If the validity period expires and 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, 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 issue notice of renewal of registered trademarks. announcement.
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