Trademark registration is valid for 10 years and can be renewed. Each renewal of registration is valid for 10 years.
If the registered trademark expires and needs to be continued to be used, the trademark registrant shall handle the renewal procedures in accordance with the regulations within twelve months before expiration; if it fails to do so during this period, it may be granted six months of extension period. 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 process steps for identification or judgment of infringement of registered trademark rights are as follows:
1. Determine the scope of exclusive rights of registered trademarks. All factors considered in determining whether a trademark infringement can be identified or alleged to constitute a trademark infringement revolve 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 alleged infringement is to determine and solidify the carrier of the alleged infringement, laying a solid foundation for the next step of comparison with the scope of protection of trademark rights. As important as determining the scope of exclusive rights to a registered trademark, it 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 category or similar to the goods for which the registered trademark is used.
Legal Basis
Article 39 of the "Trademark Law of the People's Republic of China" The validity period of a registered trademark is ten years, calculated from the date of approval of registration.
Article 40 of the "Trademark Law of the People's Republic of China" If a registered trademark expires and needs to be continued to be used, the trademark registrant shall apply for renewal in accordance with regulations within twelve months before expiration. If the procedure cannot be completed during this period, a six-month extension 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 shall announce the renewal of registered trademarks.
Article 41 of the Trademark Law of the People’s Republic of China: If a registered trademark needs to change the name, address or other registration matters of the registrant, an application for change shall be submitted.
Article 42 of the "Trademark Law of the People's Republic of China" When a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and file an application with the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark.
When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods.
For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons.
After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.