1. How to stipulate the renewal of famous trademarks?

The renewal of the trademark is before the expiration of the term 12 months. If it has not been handled during this period, it can be extended for six months.

trademark act

Article 40 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 are the legal characteristics of trademark rights?

(1) exclusivity. Exclusivity, also known as exclusivity, refers to the exclusive right to use a registered trademark enjoyed by a trademark registrant. The trademark owner enjoys the exclusive right to use his registered trademark, and no one may use the trademark without the consent of the trademark owner.

(2) timeliness. The protection of trademark rights by law has a certain time limit, and it will lose its legal effect after the statutory time limit. China's Trademark Law stipulates that the period of validity of a registered trademark is 10 year, and at the same time, it stipulates that it can request renewal at the expiration, and the number of renewals is unlimited.

(3) regionality. The regionality of trademark right means that the trademark right is valid within a certain geographical scope, and it loses the legal effect of the exclusive right to use if it leaves a certain geographical area. The owner of a registered trademark can only use it in the country where the trademark right is granted, and is protected by law; If you want to get protection in that country, you need to apply for trademark registration in that country according to the laws of that country.

3. What's the difference between trademark right and patent right?

1, produced in different ways.

Trademark right is the exclusive right given by national laws to trademark owners to protect their registered trademarks.

Patent right is the exclusive right granted by the state patent office to the patent applicant and his successor to exploit his invention and creation within a certain period of time.

2. The content of rights is different.

The contents of trademark rights mainly include the exclusive right to use a registered trademark, the right to prohibit, the right to license and the right to transfer.

The content of patent right is divided into the rights of patentee and the obligations of patentee. The patentee's rights include the exclusive right to exploit, transfer, license, mark, request for protection, waiver and pledge. The obligations of the patentee include the obligation to pay the annual fee according to the regulations and the obligation not to abuse the patent right.

3, the right object is different.

The object of trademark right is a registered trademark protected according to law. The object of patent right is the invention and creation that should be granted patent right according to law.

4. Different approval procedures

The necessary procedures for trademark registration include five stages: application, formal examination, substantive examination, preliminary examination announcement and registration announcement.

The examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. The application for a patent for utility model or design does not undergo early publication and substantive examination in the examination and approval, and there are only three stages: acceptance, preliminary examination and authorization.

5. The validity period is different

The period of validity of a registered trademark is ten years, counting from the date of approval of registration. The registration can be renewed upon expiration, and no system can repeat the application. The validity period of each renewal registration is 10 year.

The term of invention patent right is 20 years, and the term of utility model patent right and design patent right is 10 years, counting from the date of application. After the expiration of the patent right, the patent right shall be terminated. Before the expiration of the patent right, the patentee may declare in writing that he will give up the patent right.

Whether it is a well-known trademark or a general trademark, the trademark right is time-limited. For trademark registrants, the market value of a trademark cannot be predicted in advance. For example, after obtaining a registered trademark, the registered trademark will not automatically become invalid because of poor management. If you continue to use it, you can renew it. If you don't plan to use it, you don't force the update.