The purpose of renewing a trademark is to extend the legal protection period for the trademark. Famous trademarks also need to be renewed. So what are the trademark renewal procedures?
1. What is the trademark renewal process?
Article 22 of the "Executive Rules of the Trademark Law" provides specific provisions for the renewal procedure of registered trademarks, which are as follows:
① Anyone who applies for trademark renewal registration, each application All applicants must submit an application for trademark renewal and 5 copies of trademark drawings to the Trademark Office, and return the original trademark registration certificate.
②After approval by the Trademark Office, the original trademark registration certificate will be returned with annotation and announced. If it does not comply with the relevant provisions of the Trademark Law, the Trademark Office will not approve or reject it.
③If the applicant is dissatisfied with the rejection of the trademark registration renewal application, the applicant can submit the rejection renewal review application to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the rejection notice, and attach the original trademark Application for renewal of registration and notice of rejection. The Trademark Review and Adjudication Board makes a final decision and notifies the applicant in writing. If the final decision is to approve the renewal of registration, it will be handed over to the Trademark Office for processing.
2. What materials need to be submitted for trademark renewal?
①Application for trademark renewal registration;
②Applicant’s identity document (copy);
③Submit agency entrustment if an agency is entrusted to handle it A copy of the ID card of the person handling the application is submitted directly in the acceptance hall;
④ A copy of the registration certificate;
⑤ If the application document is in a foreign language, a translated version should also be submitted Chinese translation confirmed by the institution’s signature and seal.
3. Things to note when applying for trademark renewal registration:
① The trademark registrant should apply for renewal registration within six months before the expiration of the trademark, or after the expiration of the trademark Apply for renewal of registration within six months (i.e. within the grace period), but a delay fee will be charged. If no application is made within the extension period, the registered trademark will be cancelled.
②The category of trademark renewal should be filled in according to the category of the International Classification of Goods. If the originally approved goods now belong to different categories of the International Classification, but they all need to be renewed, the renewal registration should be filled in separately according to the category. Application form and register the category in which the original registration number is retained, and the rest are assigned application numbers.
③The registrant of the same trademark has several identical trademarks with the same validity period that belong to the same category of the international classification. They can be renewed separately or together as one application for renewal.
④ If the original approved trademark pattern contains content that cannot be used as a trademark but the trademark is difficult to separate, the exclusive right to that part should be waived; the trademark name is not in the trademark pattern, and if the name does not require Those who wish to retain exclusive rights should declare their relinquishment; those who wish to retain the trademark name can write the text of the trademark name on the periphery of the graphic, or apply for a separate renewal of the text.
⑤ For trademark renewal, the original trademark registration certificate must be submitted, and 5 copies of the trademark drawings must be attached.
⑥If the name of an administrative division at or above the county level has been registered as a trademark, proof of the use of the trademark should be submitted.
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