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 characteristics of trademark rights are as follows:
1, exclusivity, also known as exclusivity or monopoly, means that a trademark registrant enjoys the exclusive right to use its registered trademark; The basic purpose of giving the owner of the exclusive right to use a registered trademark is to establish a fixed relationship between a specific trademark and a specific commodity through registration, so as to ensure that consumers avoid confusion and obtain accurate information on the source of the commodity;
2, trademark timeliness, refers to the effective period of the exclusive right to use a trademark; During the period of validity, the exclusive right to use a trademark is protected by law. If it is not renewed after the period of validity, it will no longer be protected by law.
3. The regionality of trademark right means that the protection of trademark exclusive right is limited by geographical scope; The exclusive right to use a registered trademark only enjoys legal protection in the country where the trademark is registered, and the non-registered country has no obligation to protect it;
4. Trademark right is property, and trademark exclusive right is intangible property right; The whole of the exclusive right to use a trademark is an intellectual achievement, which embodies the painstaking efforts and labor of the obligee. Intellectual achievements are different from tangible material wealth. Although they need to be represented by some kind of carrier, the carrier itself does not have much economic value, and only the intellectual achievements contained in the carrier can reflect great economic value. Through the evaluation of trademark value, these trademarks can be used as intangible assets to become part of the enterprise's capital contribution;
5. Classification of trademark rights. The Trademark Office of the State Administration for Industry and Commerce shall examine and approve the categories and names of goods and services approved in the trademark registration application submitted by the trademark registration applicant; Only one trademark owner is allowed to own the same or similar trademarks in the same or similar categories and goods and services, and different trademark owners are allowed to enjoy the same or similar trademarks in different or similar categories.
To sum up, the administrative department for industry and commerce has the right to investigate and deal with violations of the exclusive right to use registered trademarks according to law; Suspected of committing a crime, it shall be promptly transferred to judicial organs for legal treatment.
Legal basis:
Article 25 of the Trademark Law of People's Republic of China (PRC)
An applicant for trademark registration who files an application for trademark registration in China for the same commodity with the same trademark within six months from the date when his trademark is first filed in a foreign country may enjoy priority according to the agreement signed between the foreign country and China or the international treaties to which * * * is a party, or according to the principle of mutual recognition of priority.
Where priority is claimed in accordance with the preceding paragraph, a written statement shall be made when filing an application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; Failing to submit a written statement or a copy of the trademark registration application documents within the time limit shall be deemed as not claiming priority.