The trademark protection period is calculated from the date of approval, and the specific provisions are as follows:
1. The validity period of a registered trademark is ten years, calculated from the date of approval, and ten years before the expiration of the validity period. You can renew in two months and pay the renewal fee. Each renewal is still valid for ten years;
2. There is no limit to the number of renewals. If the application is not submitted within this period, a 6-month extension period may be granted. If the renewal of registration is not submitted within the extension period, the Trademark Office will cancel the registered trademark and make an announcement. It should be noted that if an objection is raised but the objection is determined to be untenable and the registration is approved, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the three-month period from the preliminary announcement.
The procedures for trademark renewal are as follows:
1. Application for renewal. For each application, relevant information must be submitted to the Trademark Office and the registration renewal fee must be paid. If the registrant applies for renewal during the grace period, he shall pay the renewal delay fee as required. The specific information is as follows:
(1) One copy of "Application for Trademark Renewal Registration";
(2) Five copies of the trademark drawings of the registered trademark;
(3) A copy of the "Trademark Registration Certificate" (it is not necessary to submit the original "Trademark Registration Certificate");
2. Review of the application for renewal of the registered trademark. The review content includes the following points:
(1) Whether the procedures for trademark renewal registration application are complete;
(2) Trademark name and graphics;
( 3) Examine whether the goods using the trademark and the name and address of the registrant have changed.
3. After review, if the Trademark Office deems it to be in compliance with the regulations, it will approve it, notify the registrant in writing, issue a "Trademark Renewal Registration Approval Certificate", and make an announcement. When it is necessary to produce the "Trademark Registration Certificate", it should be used together with the corresponding certificate;
4. If it is considered to be inconsistent with the regulations, the Trademark Office will not allow the renewal and reject the trademark renewal registration in writing. If the applicant is dissatisfied with the Trademark Office's rejection of his trademark renewal registration application, he may also apply for review; if he is dissatisfied with the review, he may file an administrative lawsuit.
The penalties for trademark infringement are as follows:
1. Order to stop infringement. The specific measures are as follows:
(1) Order to stop sales immediately;
(2) Confiscate and destroy infringing goods;
(3) Confiscate and destroy tools specifically used to manufacture infringing goods and forge registered trademarks.
2. Impose a fine. For those who infringe the exclusive rights of registered trademarks but have not yet constituted a crime, the industrial and commercial administration authorities may impose a fine of less than 50% of the illegal business revenue or less than five times the profits obtained from the infringement according to the circumstances; the person directly responsible for the infringement unit may be fined up to 1% according to the circumstances. Fines of up to 10,000 yuan. If the party concerned is dissatisfied with the above two treatments, the party concerned may file a lawsuit in the People's Court in accordance with relevant legal provisions within 15 days from the date of receiving the notice. If you fail to file a lawsuit within the time limit and fail to perform, the industrial and commercial administration agency will apply to the People's Court for compulsory enforcement;
3. Mediate the amount of compensation for infringement of the exclusive right to use a trademark. The industrial and commercial administrative department that handles the case may mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties. If mediation fails, the parties may file a lawsuit in the People's Court in accordance with the law.
Legal basis: Article 35 of the "Trademark Law of the People's Republic of China"
If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall hear the objections and objections. The opponent shall state the facts and reasons, and after investigation and verification, make a decision on whether to approve registration within twelve months from the expiration of the announcement period, and notify the opponent and the opponent in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.
If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.
If the Trademark Office makes a decision not to register and the opponent is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.
If the opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the opponent to participate in the litigation as a third party.
In the process of reexamination by the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the results of another case that is being heard by the people's court or is being handled by the administrative agency. Review can be suspended. After the reasons for the suspension are eliminated, the review process should be resumed.