What is trademark renewal registration?

Trademark renewal registration means that the trademark registrant applies to extend the validity period of a registered trademark within the legal period in order not to lose the exclusive right after the expiration of the registered trademark. legal proceedings. The object of trademark renewal registration is a registered trademark. The procedure is relatively simple. As long as the renewal application is submitted within the legal period and the prescribed fee is paid, the renewal registration can be obtained. The renewal period for trademark renewal registration

The trademark renewal period stipulated in the "Trademark Law" includes two parts: first, 6 months before the expiration of the registered trademark; second, 6 months after the expiration of the registered trademark. The month is the period of extension. As long as the trademark registrant submits a renewal application and pays the prescribed fee within the time limit specified by law, the exclusive right to use the registered trademark can be extended.

According to the provisions of Article 27 of the "Regulations for the Implementation of the Trademark Law", the validity period of a renewed registered trademark shall be calculated from the day after the expiration of the previous term of the trademark, not from the date of approval of the renewal. . It can be seen that trademark renewal registration is to extend the validity period of the trademark exclusive right that has been obtained. If a registered trademark that has applied for renewal during the extension period is not protected, once the renewal is successful, the exclusive right to use the trademark will not be effectively protected from the expiration of the registered trademark to the announcement of the renewal. The validity period of a registered trademark is calculated from the day after the expiration of the previous term of validity of the trademark and loses its meaning.

It can be seen that the original intention of the "Trademark Law" and its "Implementing Regulations" is that registered trademarks within the extension period should be protected. This is also reflected in judicial practice. Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Trademarks stipulates: 'The trademark registrant or interested party files a renewal application within the extension period for the renewal of a registered trademark. If a lawsuit is filed regarding the exclusive right to use a registered trademark, the People's Court shall accept it. ’ Procedure for trademark renewal registration

1. The procedure for applying for trademark renewal registration 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. If a renewal application has not been submitted after the extension period, the registered trademark will be cancelled. If a registered trademark expires and no renewal is applied for, the Trademark Office will not approve applications for trademark registration that are identical or similar to the trademark within one year from the date of cancellation.

2. The renewal application procedure is simple. As long as the registrant applies within the time limit specified by law and pays the prescribed fee, the registration can be renewed according to law. Judging from the complexity and time required of the application procedure, a trademark registration application has to go through a series of procedures such as review, preliminary announcement, opposition and ruling, and takes about a year; while the application for trademark renewal registration procedure is much simpler. The time is also shorter. When applying for trademark renewal registration, each application should be sent to the Trademark Office in accordance with relevant 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 in accordance with relevant regulations. Relevant fees for renewal registration should also be paid according to regulations. During the extension period, If you apply for renewal, 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. Information related to trademark renewal. The relevant time for applying for renewal of a registered trademark stipulates the validity period of a registered trademark - the validity period of a registered trademark is ten years. How to renew the trademark when it expires, calculated from the date of approval of registration? Article 24 of my country’s Trademark Law stipulates: If a registered trademark has expired and needs to be continued to be used, it shall apply for renewal of registration within six months before the expiration; if the application fails to be made during this period, a six-month grace period may be granted. Exhibition period. If an application has not been made before the extension period expires, the registered trademark will be cancelled.

When applying for trademark renewal procedures, each application should send an "Application for Trademark Renewal and Registration" to the trademark. The "Application for Trademark Renewal and Registration" should be filled out in a standardized manner. At the same time, ten trademark drawings should be sent to the trademark for approval and designation. For color trademarks, the original color trademark pattern should also be sent, the original "Trademark Registration Certificate" should be returned, and the fee should be paid. It should be noted that the submitted trademark should be consistent with the approved pattern on the trademark registration certificate, and the font of the word trademark should not be changed arbitrarily. Otherwise, the Trademark Office will not renew the registration. After the trademark registration renewal application is reviewed and approved by the Trademark Office, the original Trademark Registration Certificate will be annotated and returned, and will be announced. However, if there are circumstances in which trademark law stipulates that renewal should not be granted, the Trademark Office will make a decision to reject it. If the applicant is dissatisfied with the Trademark Office's rejection of the application for renewal registration, the applicant may, within fifteen days from the date of receipt of the rejection notice, send an "Application for Reexamination of Rejection of Renewal" to the Trademark Review and Adjudication Board to apply for review, and at the same time attach the original "Trademark Application for Registration Renewal" and rejection notice, and pay the review fee. The Trademark Review and Adjudication Board makes a final decision and notifies the applicant in writing. If the final decision is to approve the renewal of registration, it will be transferred to the Trademark Office for renewal procedures. Principles of legal protection of registered trademarks during the renewal period

During the renewal period, is a registered trademark protected by law? How to protect it? The laws of various countries generally adopt two principles, namely the application principle and retroactivity. in principle.

The so-called application principle means that if the trademark owner applies for renewal within the renewal period stipulated by law, the registered trademark will be protected by law, otherwise it will no longer be protected by law. Article 38 of my country's Trademark Law stipulates: 'If a registered trademark expires and needs to be continued to be used, an application for renewal of registration shall be made within six months before expiration; if the application is not made during this period, a six-month suspension may be granted. Extension period. If an application has not been made before the extension period expires, the registered trademark will be cancelled. ’ The so-called retroactive principle means that if you apply for renewal within the extension period after the expiration of the registered trademark, after the registration is approved, the validity period of the renewed registration will be calculated from the day after the previous expiration date. In this way, registered trademarks can receive legal protection without interruption. Article 12 of the "Opinions of the Administration for Industry and Commerce on Several Issues in the Administrative Enforcement of Trademarks" stipulates: 'During the extension period of a registered trademark, if the trademark registrant files an application for renewal and is approved, the exclusive right to use the trademark continues to exist and no one else has the right to renew it. The use of a trademark that is identical or similar to the trademark during this period shall constitute trademark infringement; if the trademark registrant fails to apply for renewal, or applies for renewal but is not approved, the exclusive right to use the trademark will not be protected by law after the expiration of the validity period. . The relevant time limit for applying for renewal of a registered trademark stipulates that a registered trademark in my country is valid for 10 years. All registered trademarks will expire if they are not renewed for 10 years. Article 24 of my country's Trademark Law stipulates clearly and specifically: 'If the registrar expires and needs to continue to use it, it should do so within 6 months before expiration. Apply for registration renewal within three months; if you fail to apply during this period, you can be given a six-month extension period. If an application has not been made within the extension period, the registered trademark will be cancelled. ''Each renewal of registration is valid for 10 years. 'From this legal provision we can see that if the registered trademark owner needs to continue to use the registered trademark after the expiration, he should apply for renewal within 6 months before the expiration. Under special circumstances, he cannot apply for renewal during this period. Yes, you can also enjoy a 6-month extension period. The validity period of each renewal is 1. Special statement for trademark renewal. The above content is not an official document from the State Administration for Industry and Commerce or the Trademark Office of the State Administration for Industry and Commerce. Therefore, all content is for guidance and does not have any legal binding force. Toll-free customer consultation hotline: 400-728-7208