1. Can the trademark still be used after its expiration date?
Yes.
If a registered trademark under the "Trademark Law of the People's Republic of China" expires and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with the regulations within twelve months before the expiration; here If the application cannot be processed within the period, a six-month extension period can 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.
The validity period of a registered trademark is ten years, calculated from the date of approval of registration.
The Trademark Office shall announce the renewal of registered trademarks.
When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and submit applications to the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark.
When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods.
2. How long does it take to apply after a trademark has been cancelled?
If a registered trademark has been canceled or has expired for one year, you can apply for registration again. If it is the same applicant, there is no time limit.
Cancellation of a registered trademark refers to the procedure for the Trademark Office to cancel its trademark registration when the owner of the registered trademark gives up the exclusive right to use the registered trademark.
There are two situations for canceling a registered trademark:
(1) The trademark owner takes the initiative to apply for cancellation and returns the "Trademark Registration Certificate".
(2) If the validity period of a registered trademark expires, and the trademark owner does not go through the renewal procedures, and still does not go through the renewal procedures within the grace period, the exclusive right of the registered trademark will be lost, and the trademark office will handle the cancellation. Cancellation shall be published in the Trademark Announcement. Within one year after cancellation, others generally cannot register the same or similar trademark again.
3. The process of registering a trademark
1. The enterprise prepares the LOGO pattern to be registered and a copy of the company's business license, and delivers these materials to the intellectual property agency.
2. The intellectual property agency prepares relevant materials (power of attorney, application form)
3. The intellectual property agency submits it to the National Trademark Office
4. The State Trademark Office conducts an examination
5. The State Trademark Office announces the trademark
6. The State Trademark Office issues a certificate
Every registered trademark Trademarks all have a validity period. The validity period is 10 years. When the 10-year period is about to expire, the trademark can be renewed. If the validity period has passed, it does not matter. There will be renewals. The 6-month grace period can also be renewed within this time period.