Trademarks must be renewed twelve months in advance. If the trademark is not renewed within the renewal period, it can be renewed within the six-month extension period after expiration, but a late fee is required. Only the Trademark Office can carry out legal processing and continue to receive legal protection.
1. How early should a trademark be renewed before it expires? Twelve months in advance; 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 The registrant shall go through the renewal procedures in accordance with the regulations within twelve months before the expiration; if it fails to do so during this period, a six-month extension period may 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. (Note that it used to be six months before expiration, but now it is changed to 12 months.)
2. The importance of trademark renewal A trademark is valid for 10 years, calculated from the date of approval of registration. The registration period is also ten years from the expiration date. If the expiration date is: November 11, 2012, the validity period after the renewal is approved will be until 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.
3. Special Statement on Trademark Renewal (1) The above content is not an official document issued by the State Administration for Industry and Commerce or the Trademark Office of the State Administration for Industry and Commerce. Therefore, all content is for guidance and does not contain any Legally binding. (2) The above content was revised in August 2013. If there are changes in the future, or if there is any inconsistency with the requirements of the receptionist at the trademark registration hall during the processing, the requirements of the receptionist should prevail.
IV. Conditions required for renewal of registered trademarks According to Article 40 of my country's current "Trademark Law": "If a registered trademark expires and needs to be continued to be used, the trademark registrant shall renew the trademark twelve times before expiration. The renewal procedures shall be handled in accordance with the regulations within three months; if the trademark fails to be applied during this period, a six-month extension period may be granted. The validity period of each renewal registration shall be ten years, starting from the day after the expiration of the previous validity period of the trademark. If the renewal procedure is not completed upon expiration, the registered trademark shall be cancelled. “If a registered trademark is revoked, declared invalid or not renewed upon expiration, it shall be cancelled, declared invalid or cancelled. Within one year from the date of registration, the Trademark Office will not approve applications for trademark registration that are identical or similar to the trademark. Based on what has been said above, a trademark needs to be renewed before it can be protected according to law, but it must be done in advance. Generally, the advance time used to be six months but now it has been changed to twelve months. In this way, This allows the trademark owner to prepare some more time and carry out legal procedures before expiration.