Everyone who has registered a trademark knows that applying for a registered trademark requires a long audit process, and only through layers of approval can you obtain a trademark registration number. Everyone knows that the trademark registration is successful, so the trademark discount is valid for ten years. However, after some companies have mastered the current trademark market, they have not done relevant trademark management work, which directly leads to the expiration of the trademark. So, what should I do if the trademark expires?
Renewal is the best option within six months of expiration
Article 14 of the "Trademark Law" stipulates that "if a registered trademark expires and needs to be continued to be used, the trademark registrant shall Renewal procedures must be carried out as required within twelve months before expiration; if it cannot be done during this period, it can be extended for six months."
Trademark applicants should record the date of trademark approval and registration to facilitate the validity period. Complete the renewal procedures, increase the exclusive rights of registered trademarks, and continuously accumulate a reputation for the carrying capacity of registered trademarks.
The extension period has passed, and there is no chance of being preemptively registered
If the trademark applicant fails to renew the trademark in time, and if it is not preemptively registered by others during this period, the Trademark Office will follow Steps to declare the registered trademark invalid.
Faced with this situation, trademark applicants have two solutions:
01 Apply to the Trademark Review and Adjudication Board for review, submit corresponding supporting documents, and explain that the trademark renewal was not processed in time reason.
After a trademark is declared invalid, 02 can apply to the Trademark Office again for the same or similar trademark.
The grace period has passed, and the method of coping with being preempted by others has passed.
In view of the situation where trademarks have expired and been registered, there are only the following ways to regain the trademark:
01 Question the trademark in the preliminary announcement
According to " Article 30 of the Trademark Law stipulates, “With regard to a trademark announced in the preliminary examination, a challenge may be raised within three months from the date of announcement.
Within three months from the announcement of the preliminary examination report, everyone The right to raise a challenge. Trademark applicants should seize this opportunity to raise a challenge with the Trademark Office and request the Trademark Office to disapprove the registration.
02 Dispute the registered trademark to the Trademark Review and Adjudication Board
According to the provisions of Article 41 of the Trademark Law, if the right holder believes that his trademark has been registered in advance by others in bad faith, he may apply to the Trademark Review and Adjudication Board for cancellation within five years from the date of trademark application.
In addition. , there is another way to choose trademark transfer. The trademark applicant can negotiate with the trademark registrant, obtain trademark authorization, and then use the trademark normally.
It is worth noting that the trademark applicant must declare the trademark invalid. Submit the application after one year, otherwise the Trademark Office will not approve the registration.