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What is the legal extension period for trademarks?

1. How long is the trademark extension period?

The period stipulated by law for trademark owners to renew registered trademarks is called the renewal period, which consists of two parts: First, registration Twelve months before the expiration of the trademark, if the trademark owner needs to continue to use the registered trademark, he should apply for renewal of registration within this period; secondly, six months after the expiration of the registered trademark, which is the so-called extension period, the trademark right If a person fails to apply for renewal within six months before the expiration of the registered trademark, he can still go through the renewal procedures.

Article 40, Paragraph 1 of the new Trademark Law stipulates: “If a registered trademark has expired and needs to be continued to be used, the trademark registrant shall apply for renewal in accordance with the regulations within 12 months before expiration. If the registration is not completed during this period, a six-month extension period will be granted. The validity period of each renewal registration is ten years, starting from the day after the expiration of the previous validity period of the trademark. ”

Article 50 of the new Trademark Law stipulates: “If a trademark is revoked, declared invalid, or is not renewed upon expiration, it shall be automatically cancelled, declared invalid, or Within one year from the date of cancellation, the Trademark Office will not approve trademark registration applications that are identical or similar to the trademark. ”

Timely application for trademark renewal registration can effectively save time, and it will take a long time to reapply for a trademark. , you may also face risks such as rejection, certificate replenishment, and opposition, and trademark renewal registration only takes half a year. In addition, only registered trademarks with continuous use and high reputation are eligible to be recognized as famous trademarks and well-known trademarks.

If a registered trademark needs to be continued to be used after its validity period expires, it should apply for renewal of registration within 12 months before expiration; if the application is not submitted during this period, a six-month extension period can be given. If an application is not filed within the extension period, the Trademark Office will invalidate the registered trademark.

Timely application for trademark renewal registration can effectively save time. Reapplying for a trademark takes a long time and may also face risks such as rejection, supplementary certification, and objections. However, trademark renewal registration only takes half a year. In addition, only registered trademarks with continuous use and high reputation are eligible to be recognized as famous trademarks and well-known trademarks.

2. What issues should be paid attention to when applying for renewal of a registered trademark?

1. After the renewal application is approved, the Trademark Office will send it to the applicant by mail according to the address filled in the application form. Proof of renewal.

2. If the renewal application does not meet the regulations, the Trademark Office will notify the applicant in writing by mail to make corrections within a time limit according to the address filled in the application form.

3. If the renewal application cannot be approved due to other reasons, the Trademark Office will notify the applicant in writing by mail according to the address filled in the application form.

4. If the applicant entrusts a trademark agency to handle the renewal application, the Trademark Office will not directly have any correspondence with the applicant, and all documents will be sent to the trademark agency.

5. The category of the application should be filled in according to the international classification category approved by the "Trademark Registration Certificate".

The time limit for applying for trademark renewal in the Trademark Law has been extended from 6 months before the expiration of the previous protection period to 12 months before the expiration of the protection period. This is generally referred to as the trademark renewal period. Within 6 months after the expiration of the trademark protection period, you are still allowed to apply for renewal, but you need to pay extra late fees at this time, and this stage is called the trademark extension period.

Extended reading:

How to charge trademark extension fees?

What is the difference between trademark extension and renewal?

How much does it cost to renew a trademark extension period