Legal Subjectivity:
According to the Trademark Law revised in 2013, Article 40: If a registered trademark expires and needs to be continued to be used, the trademark registrant shall notify the applicant twelve months before expiration. Go through the renewal procedures in accordance with the regulations within one month; if you fail to do so during this period, you can be given a six-month extension period. Each renewal of registration is valid for ten years, starting from the day after the expiry of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled. A registered trademark is valid for 10 years. If a registered trademark needs to be continued to be used after it expires, an application for registration renewal should be made within 6 months before expiration. If you fail to apply during this period, there is still a 6-month extension period. If an application has not been filed within the extension period, the Trademark Office will cancel it after the expiration of the extension period. The renewal period is 6 months before and 6 months after the trademark expires; the grace period can be understood as the "grace renewal period", which refers to 6 months after the trademark expires; the renewal period includes the grace period. The validity period of a trademark is 10 years, calculated from the date of approval of registration. The period of registered use of the trademark is also added to the period of ten years from the date of expiration. If the date of expiration is: November 11, 2012, it will be valid after the renewal is approved. Expiration date is November 10, 2022. If a registered trademark expires and needs to be continued to be used, it should apply for renewal of registration within 12 months before expiration; if the application fails to be made during this period, a six-month extension period can be given. If an application has not been made before the extension period expires, the registered trademark will be cancelled. Each renewal of registration is valid for ten years. Many trademark rights holders believe that trademark renewal 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. Some applicants did not submit applications for extension of exclusive rights during the trademark renewal and extension period. I thought it would be enough to reapply, but in fact I made a very serious mistake, because I don’t know how many people want to use a good trademark, and maybe they gave up their trademark rights because of this step. Irreparable losses were caused, and then the turnover was spent to buy them back at a high price. Moreover, the time period for re-branding is longer than the renewal period. Trademark rights holders must pay attention to this. The right of renewal means that the trademark owner has the right to apply for renewal of registration according to law before the expiration of the validity period of his registered trademark, thereby extending the protection period of his registered trademark. The validity period of a registered trademark is 10 years, calculated from the date of approval of registration. If a registered trademark expires and needs to be continued to be used, it should apply for renewal of registration within 12 months before expiration; if the application fails to be made during this period, a 6-month extension period can be given. Each renewal of registration is valid for 10 years, starting from the day after the expiration of the previous term of validity of the trademark. If an application has not been made before the extension period expires, the registered trademark will be cancelled. The extension period and renewal period are to ensure that the trademark owner can renew during the renewal period after the first registration time of the trademark expires. If the trademark owner is unable to renew the contract or does not renew the contract during the renewal period, he can continue to renew the contract with the relevant department within 6 months after the renewal period to obtain the ownership of the trademark. Legal objectivity:
1. The difference between trademark renewal period and extension period. The validity period of a registered trademark is 10 years. If a registered trademark needs to be continued to be used after it expires, an application for registration renewal should be made within 6 months before expiration. If you fail to apply during this period, there is still a 6-month extension period. If an application has not been filed within the extension period, the Trademark Office will cancel it after the expiration of the extension period. The renewal period is 6 months before and 6 months after the trademark expires; the extension period can be understood as the "grace renewal period", which refers to 6 months after the trademark expires; the renewal period includes the extension period. The application documents that should be submitted for trademark renewal in 2017 are: (1) "Application for Trademark Renewal Registration" (2) Copy of the applicant's subject qualification certification document confirmed by seal or signature (3) Submission of "Trademark Renewal Registration Application" by the entrusted agent Agency Power of Attorney", which must be processed directly at the trademark registration hall and submitted with the identity card and copy of the person in charge (the original will be returned after comparison) (4) A copy of the registration certificate (5) If the application document is in a foreign language, an application form must also be provided. Chinese translation signed and confirmed by the translation agency or agency.
2. The latest trademark renewal process. Time for trademark renewal application: Trademark renewal application should be submitted within 12 months before the trademark expires. After the trademark expires, there will be a 6-month grace period. After the grace period, the trademark rights cannot be restored and become invalid. Prepare application materials, including: trademark renewal registration application, applicant’s qualification certification documents (if it is an enterprise, prepare a copy of the business license with the official seal, if it is an individual, provide a copy of the ID card), trademark agency power of attorney (if entrusted) Agent), a copy of the trademark registration certificate, and one copy of each of the above materials. Submit application materials: There are two ways. To apply directly, you can go to the trademark registration hall acceptance window to submit in person, or the trademark agency will send a set of application materials to the Trademark Office. Fees: According to the latest Ministry of Finance and National Development and Reform Commission Caishui [2017] No. 20 document, the fee for each trademark renewal is 1,000 yuan. If the renewal is delayed, you will also need to pay a delay fee of 250 yuan to accept the renewal registration. If entrusted Agency, the Trademark Office deducts the prescribed fee from the agency's advance payment. Review stage: If the renewal application materials do not meet the requirements, the Trademark Office will mail written materials to the applicant according to the address on the application form, requiring corrections within a time limit; if it cannot be approved, a written notification will also be mailed to the applicant. After the renewal review is passed, the Trademark Office will mail the applicant a certificate of registration approval for renewal, which clearly shows the validity period after the trademark is updated.