Famous trademarks are not renewed.
Trademark number. 30708 14 "Sanpinwang" applied for registration on June 5438+ 10/7, 2002, and was registered in the Trademark Office by Du Han, a natural person. On July 7, 2003, it was approved for use in 43 kinds of houses (hotels, guest houses), restaurants, cafeterias and fast food restaurants. On April 9, 20 1 1, with the approval of the Trademark Office, the trademark was transferred to Sanpinwang Catering Company.
After use and publicity, the trademark has been recognized as a famous trademark in Guangxi on 20 10, which has a high reputation among the relevant public and has formed a certain market structure.
However, the trademark was not renewed after its expiration, which led to the cancellation of the trademark.
Additional registration was denied.
Guangxi Sanpinwang Catering Company filed an application for trademark registrationNo. 10200366 with the Trademark Office on October 2016543810, and designated it for use in the 43rd class restaurants, restaurants, fast food restaurants, bars and mobile catering services.
The additional application is earlier than the termination period of the original trademark.
On August 29th, 20 12, the Trademark Office rejected the trademark application on the grounds that it was similar to the trademark quoted below. When rejected, the original trademark had not expired.
Quote trademark one
Quote trademark 2
Throw money at trademarks.
Guangxi Sanpinwang Catering Company didn't renew the original trademark for its own reasons, and didn't want to lose the trademark transfer, so it spent money on trademark review and trademark litigation.
When applying for re-inspection, the company's website and branch list, honors and awards won by related companies, publicity reports and other evidence materials were also submitted.
Trademark reexamination still rejects the application. The application was still rejected in the first instance.
Guangxi Sanpinwang Catering Company has finally reached the final step-the second instance of Beijing Higher People's Court.
In the end, Gaobei decided that the applied trademark is consistent with the original trademark in terms of identification and service, and the prior trademark has a high reputation among the relevant public, and has formed a specific corresponding relationship and a stable market structure with Sanpinwang Catering Company.
Trademark designation application is used in restaurants, restaurants, fast food restaurants, bars, mobile catering services and counter rental services, which has formed a one-to-one correspondence with Sanpinwang Catering Company, and can be distinguished from all cited trademarks, so as not to cause confusion and misunderstanding of service sources by the relevant public.
Judgment: 1. Revoke the original judgment; 2. Revoking the decision of the Trademark Review and Adjudication Board to be sued; Three. The Trademark Review and Adjudication Board shall make a reexamination decision.
In the end, Guangxi Sanpinwang Catering Company kept the trademark, but it took a lot of time, energy and financial resources. In the end, it was just a narrow escape.
What is trademark renewal?
If a registered trademark needs to be used after the expiration of its validity period according to Article 40 of the Trademark Law as amended by 20 13, the trademark registrant shall go through the renewal procedures in accordance with the regulations before the expiration of its validity period 12 months; The validity period of each renewal registration is ten years, counting from the day after the last expiration of the trademark. Failing to apply within this time limit, a grace period of 6 months may be granted. If no application is made at the expiration of the exhibition period, its registered trademark shall be cancelled.
On the surface, the cost of trademark renewal is much more expensive than reapplication, and it is enough to reapply when the trademark expires. So, does re-registration really save money? What are the benefits of trademark renewal?
1, trademark renewal procedures are simple, low risk and short time.
Trademark renewal is only a formal requirement for examining the qualification of the subject. After applying for renewal of the registration certificate, the exclusive right to use a trademark can be renewed for 10 years, which can be completed in half a year. Re-applying for a trademark is equivalent to re-applying, which takes one year. In addition to the formal requirements review, it is necessary to conduct a substantive review. The so-called substantive examination is to compare the applied trademark with the trademark in the trademark library. If they are identical or similar in advance, they will be rejected, thus losing the trademark right.
2. The timely renewal of the trademark can avoid the invalidation of the trademark due to cybersquatting.
Related case
The prior trademark "Taihang Brand" was applied for registration by Taihang Company to the Trademark Office on June 198 1, and was approved for registration on July 5 1983. The approved commodity is category 7: printing presses. The exclusive use period has been extended to July 4, 2003. After the expiration of the exclusive right to use a trademark, Taihang Company did not renew it, and the trademark was cancelled because it was not renewed at the expiration. The trademark "Taihang Jitu" was applied for registration by Li Yuejin to the Trademark Office on June 29th, 2004, and the goods used were designated as Class 7: printing presses; Folding machine, etc. Taihang Company filed a request for invalidation with the Trademark Review and Adjudication Board on the grounds that the trademark "Taihang Hetu" applied for registration in Li Yuejin belongs to "a trademark that has been used by others and caused certain influence by improper means" within the statutory time limit. Taihang Company filed an administrative lawsuit with the court because its request was not supported.
In the above case, the trademark of Taihang Company "Taihang Brand" was not renewed after the expiration of the exclusive period, and then the trademark was cancelled, and then it was squatted by others, which made itself in trouble.
Many times, some trademark owners didn't pay attention to the exclusive period of the trademark and didn't apply for trademark renewal in time, so that the trademark expired and was cancelled. Others took the opportunity to register, obtained the prior right, and handed over their trademark rights that they had used for many years.
3. Trademark renewal increases the brand value.
Trademark is an intangible asset of an enterprise, which may have greater and more core competitiveness than tangible assets under certain circumstances. A trademark can be used continuously for ten years. During this period, after extensive publicity and promotion of the enterprise, it must have accumulated a certain brand awareness and reputation. Trademark renewal can just let this goodwill continue.
In addition, it is not easy to successfully register a trademark now, so many people choose to buy a registered trademark. The longer the registration year, the more valuable it is. After the renewal of a registered trademark, even if it is no longer used in the future, it may still fetch a good price.
4. Trademark renewal helps to apply for famous and well-known trademarks.
The earlier you register, the longer you use it, and the easier it is to become a famous trademark or a well-known trademark by renewing the registered trademark.
trademark renewal