1. What to do if the trademark registration certificate expires
1. According to Article 40 of the Trademark Law, if a trademark registrant needs to continue to use its trademark, it should apply for renewal within six months before expiration, and it can also be renewed six months after expiration (extension period) .
2. The Trademark Law stipulates that if a registered trademark needs to be continued to be used after its validity period expires, it must be handled 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. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled.
3. The above means that if you complete the trademark renewal procedures quickly within six months after the trademark expires, you will only have to pay more for the trademark renewal. Despite the delay costs, the trademark was still preserved. Applying for one renewal can extend the validity period of the trademark right for ten years. The time is not calculated from the time when the renewal is completed, but from the day after the expiration of the previous term of the trademark.
4. Another thing to note is that after the renewal is processed, the Trademark Office will not issue another trademark registration certificate, but will only issue a renewal. Proof that it is still used together with the original trademark registration certificate.
2. What to do if the extension period is exceeded
If the trademark renewal procedures cannot be completed within six months after the registered trademark expires, there are two ways to save it:
(1) Immediately submit a re-application for a trademark that has expired due to expiration. If you find that others are also rushing to register the trademark while submitting the application for registration, you can apply to the trademark during the preliminary review and announcement stage. The Bureau filed an objection application.
(2) If unfortunately, the expired trademark has been successfully registered by someone else, you can also file a dispute with the Trademark Review and Adjudication Board over the registered trademark and apply for re-registration of the trademark at the same time.
(3) Negotiate with the trademark registrant whether the trademark can be licensed or purchased directly.
Trademark renewal It refers to the system in which the owner of a registered trademark shall go through certain procedures in accordance with the law to extend the validity period of his registered trademark within a period of ten years after the expiration of the trademark registration. If the registered trademark needs to continue to be used after the expiration of the validity period, it shall be extended within 12 days before the expiration. Apply for registration renewal within 3 months. If you fail to apply during this period, there is still a 6-month extension period. If you have not submitted an application within the extension period, the Trademark Office will cancel it after the expiration. The Trademark Office will renew the trademark After the registration application is reviewed, a trademark renewal certificate will be issued and no separate trademark registration certificate will be issued. The original trademark registration certificate and trademark renewal certificate will be used together.
Some The applicant did not submit a trademark renewal application during the trademark renewal and extension period. After that, he thought that it would be enough to reapply, but he actually made a very serious mistake.
Generally speaking, a trademark can be renewed six months before expiration. You can continue to use the trademark after renewal. The right to apply for the use of the trademark still belongs to the original trademark applicant. If it is renewed within six months, If the extension has not been renewed within the deadline, there is still a six-month extension period. The applicant can still renew after the extension period, but the premise is that it will not be maliciously registered by others. If it is registered by others, it can only be done with The original trademark owner will discuss it. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
