1. What is the term of trademark protection?
Generally, the protection period of a trademark is 10 year, but the law allows the trademark owner to renew it, and there is no limit on the number of renewals, which means that the protection period of a trademark is actually permanent. Note: If a trademark needs to be used continuously after its expiration, the trademark registrant shall go through the renewal procedures in accordance with the regulations 12 months before its expiration.
Legal basis:
Article 40 of the Trademark Law
Where a registered trademark needs to be used continuously after the expiration of its term of validity, the trademark registrant shall go through the renewal procedures in accordance with the provisions within 12 months before the expiration; If it has not been handled during this period, it can be extended for six months. The validity period of each renewal registration is ten years, counting from the day after the last expiration of the trademark. If the renewal formalities are not completed at the expiration of the period, the registered trademark shall be cancelled.
The Trademark Office shall announce the renewed registered trademark.
Second, what is the principle of obtaining trademark rights?
1, the acquisition of trademark rights refers to what principles and methods are adopted to obtain trademark rights.
2. There are three principles for obtaining trademark rights:
(1) usage principle
The principle of use, that is, the principle of obtaining trademark rights through use, means that trademark rights are naturally generated by the use of trademarks, and trademark rights are established according to the fact that trademarks are used.
(2) the principle of registration
The principle of registration, that is, the principle of obtaining trademark rights through registration, refers to the fact that trademark rights are established through registration, and only registered trademarks can obtain trademark rights.
(3) the principle of mixing
The mixed principle, that is, the compromise principle, refers to the consideration of both use and registration when determining the establishment of trademark rights. Trademark rights can be established by registration or use.
3. Trademark rights can be obtained in two ways:
(1) Original acquisition and derivative acquisition. The original acquisition of trademark rights, also known as the direct acquisition of trademark rights, refers to the creation of trademark rights, which is not based on the existing trademark rights of others, nor is it transferred by his will.
(2) Derivative acquisition of trademark rights, also known as the transfer and acquisition of trademark rights, refers to the acquisition of trademark rights based on the existing trademark rights of others and the will of others.
Because many countries will not clearly state in the trademark law whether to adopt the trademark use acquisition system or the registration acquisition system, it needs to be judged according to some "clues". The main clue is that when there is a conflict between use and registration, which one has priority in effectiveness. In principle, after-use under the use acquisition system takes precedence over first-use, and after-use under the registration acquisition system takes precedence over first-use. Under the mixed procurement system, the two procurement bases have the same effect, and the first one shall prevail.