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The period of validity of a registered trademark is 10 year. Where it is necessary to continue to use a registered trademark after its expiration, it shall apply for renewal of registration within 6 months before its expiration. If the application cannot be submitted during this period, there will be a grace period of 6 months. If no application is filed within the grace period, the Trademark Office will revoke it after the expiration. After examining the application for trademark renewal registration, the Trademark Office will issue a trademark renewal certificate and will not issue another trademark registration certificate. The original Trademark Registration Certificate will be used together with the Trademark Renewal Certificate.
There are two ways to apply for the renewal of a registered trademark:
(1) Entrust a trademark agency to file with the Trademark Office.
(2) The applicant goes directly to the trademark registration hall of the Trademark Office.
Three steps of application
(1) Preparation of application documents
The application documents to be submitted are:
(1) trademark renewal registration application
(2) the applicant's identity certificate (copy)
(3) Submit the power of attorney of the entrusted agent, and directly submit a copy of the agent's ID card in the acceptance hall.
(4) Copy of registration certificate
(5) If the application documents are in a foreign language, a Chinese translation signed and confirmed by the translation agency shall also be provided.
1. The application forms should be filled out one by one and must be typed or printed.
2. Each trademark shall submit 1 application for registration renewal.
3, directly to the trademark registration hall, should submit a copy of the agent's ID card; Where a trademark agency is entrusted, a power of attorney for trademark agency shall be submitted.
4. The trademark applied for renewal is * * *, and the application shall be filed in the name of the representative.
(2) submit an application.
1. If the applicant goes directly to the trademark registration hall, after the application is ready, submit it in the acceptance window of the trademark registration hall, and the staff at the window will confirm whether the application is qualified.
2. Where a trademark agency is entrusted, the trademark agency shall serve the application to the Trademark Office.
(3) Pay the renewal fee.
It costs 2000 yuan to apply for renewal of registration. If an application for renewal of registration is filed within the grace period of six months after the expiration of the period, a late payment fee from 500 yuan shall be paid.
Where a trademark agency is entrusted, the applicant shall pay the renewal fee and agency fee to the trademark agency, and the renewal fee charged by the trademark office shall be deducted from the advance payment of the trademark agency.
Matters needing attention
1. After the renewal application is approved, the Trademark Office will mail the renewal certificate to the applicant according to the address filled in the application.
2. If the application for renewal does not meet the requirements, the Trademark Office will notify the applicant in writing by post to make corrections within a time limit according to the address filled in the application.
3. If the renewal application cannot be approved for other reasons, the Trademark Office will notify the applicant in writing by post according to the address filled in the application.
If the applicant entrusts a trademark agency to apply for renewal, the Trademark Office will not have any direct contact with the applicant, and all documents will be sent to the trademark agency.
5. The category of application shall be filled in according to the international classification approved by the Trademark Registration Certificate.
Special statement
(1) The above contents are not official documents issued by the State Administration for Industry and Commerce or the Trademark Office of the State Administration for Industry and Commerce. So all the contents are instructive and not legally binding.
(2) The above contents were revised in February 2007. If there is any change in the future, or it is inconsistent with the requirements of the receptionist in the trademark registration hall, the requirements of the receptionist shall prevail.
Requirements for renewal of registered trademarks
According to Article 38 of China's current Trademark Law: "If a registered trademark needs to be used after its expiration, it shall apply for renewal of registration within six months before its expiration. If the application cannot be submitted within this period, a grace period of 6 months can be given. If no application is made at the expiration of the exhibition period, its registered trademark shall be cancelled.
According to Article 46 of the Trademark Law, if a registered trademark is revoked or not renewed upon expiration, the Trademark Office shall not approve the application for trademark registration that is identical or similar to the trademark within one year from the date of revocation or cancellation.