Most of the goods in the world have a shelf life, and the same goes for trademarks as intangible assets. After successfully registering a trademark, many people happily think that everything is fine, and the trademark passes without a trace. The validity period has expired and legal protection has been lost. In fact, trademark renewal is required after the trademark use rights expire. So how long is the validity period of the renewed trademark registration?
The validity period of a registered trademark refers to the protection period of the exclusive right of a registered trademark. The validity period for renewing trademark registration is within one year from the expiry date of the registered trademark. Even if the renewal is not done for more than one year, a six-month grace period can be given. If renewal is not carried out within the statutory grace period, the trademark right will be canceled in accordance with the law, and the trademark right enjoyed will no longer be protected by law.
Article 40 of the "Trademark Law" states that if a registered trademark has expired and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with the regulations within twelve months before the expiration; if the trademark is not used during this period, If it can be handled, a six-month extension period can be given. Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled. The Trademark Office shall announce the renewal of registered trademarks.
Continuously carry out trademark renewal registration, and the validity period of registered trademarks can be extended.
Trademark renewal also requires the submission of some materials, including a "Trademark Renewal Application", a copy of the "Trademark Registration Certificate", 5 copies of the trademark pattern of the registered trademark, and a copy of the applicant's identity document Documents and power of attorney (such as entrusting an agency).
Many trademark rights holders believe that the cost of renewing an expired trademark is much more expensive than re-application. As everyone knows, renewal is only a formal requirement for reviewing the subject's qualifications. After applying for renewal of the registration certificate, the trademark exclusive rights can be extended for 10 years without going through the substantive review stage. Re-application for a trademark is the same as a new application. In addition to the formal elements review, a substantive review is also required. The so-called substantive examination is to compare the applied trademark with the trademarks in the trademark database. If the trademark is the same or similar, it will be rejected and the trademark rights will be lost.
For more information about renewing the validity period of trademark registration, please consult the intellectual property online customer service. Trademark renewal information has expired. Trademark renewal and trademark registration application