1. When does the trademark registration expire?
The trademark registration expires from Calculated from the date of registration approval.
According to Article 39 of the Trademark Law, the validity period of a Registered trademark is ten years, calculated from the date of approval of registration. Therefore, the validity period of trademark registration is calculated from the date of approval of registration.
2. How to identify infringement of trademark rights
There are three processes for identifying or judging infringement of registered trademark rights: Basic steps:
1. Determine the scope of exclusive rights for registered trademarks. The scope of exclusive rights of a registered trademark is the basic basis for determining trademark infringement.
All factors considered in determining whether a trademark infringement can be identified or constituted are centered around the scope of exclusive rights to a registered trademark.
2. Determine the specific object accused of infringement. The determination of the object of alleged infringement is determined by two factors:
(1) The trademark accused of infringement
(2) The goods used in the trademark accused of infringement
The significance of determining the specific object of the alleged infringement lies in identifying and solidifying the alleged infringement A carrier for prosecuting infringement, laying a solid foundation for the next step of comparison with the scope of protection of trademark rights. It is as important as determining the scope of exclusive rights to a registered trademark and is another comparison object for determining trademark infringement.
3. Compare the alleged infringement object with the registered trademark and the goods approved to be used by the registered trademark, and determine whether the alleged infringing trademark is the same or similar to the registered trademark, and whether the alleged infringing trademark is used Whether the goods are of the same type or similar to the goods for which the registered trademark is used.
Through the three basic steps of identifying infringement, especially after the After comparing the object of alleged infringement with the registered trademark and the goods approved to be used by the registered trademark, it can be determined whether it constitutes trademark infringement.
It is stipulated in our country's law The validity period of trademark registration is calculated from the date of approval of registration. The validity period of registered trademark is ten years, calculated from the date of approval of registration. Therefore, the validity period of trademark registration is calculated from the date of approval of registration. The specific provisions are as above. Editor of Legal Savior Network The answer to this question is as above. Welcome to the Legal Savior Network for legal consultation.
