Extension condition
According to the provisions of Article 38 of China's current Trademark Law: "If a registered trademark needs to be used after its expiration, it shall apply for renewal of registration within six months before its expiration; 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.
Each renewal of registration is valid for ten years.
After the renewal registration is approved, it will be announced. "
Where it is necessary to continue to use a registered trademark from six months before the expiration of the registered trademark to six months after the expiration of the registered trademark, an application for renewal of the registered trademark may be filed.
Extended route
The applicant may entrust an organization with the trademark agency qualification recognized by the State Administration for Industry and Commerce, or go directly to the trademark registration hall of the State Trademark Office. At present, there are nearly 150 trademark agencies recognized by the state, which are distributed in all provinces, autonomous regions and municipalities directly under the central government.
The applicant shall decide whether to entrust an organization with trademark agency qualification to renew the registered trademark or go directly to the Trademark Office according to his own specific circumstances. Applicants who are familiar with trademark laws, regulations and related procedures and have good postal service at their habitual residence or business place can go directly to the Trademark Office; If the above conditions are not met, it is best to entrust a trademark agency to act as an agent; Foreigners or foreign enterprises that have no habitual residence or business premises in China shall entrust a trademark agency to handle the transfer registration in China. In the process of examining trademark renewal, the Trademark Office often issues various documents to the applicant, such as Notice of Correction and Notice of Rejection. Most of these documents require the applicant to make some amendments to the original application and reply. These documents are usually sent by post office. In view of the fact that the postal channels in some areas of China are not smooth, and some applicants' addresses have changed, it often happens that the documents issued by the Trademark Office are not received by the applicants, which affects the process of transfer registration.
Preparation for update
To apply for trademark transfer, an application for trademark renewal registration formulated and published by the State Administration for Industry and Commerce shall be used. The application can be collected in the registration hall of the Trademark Office. You can also download it from this website. Where a trademark agency is entrusted to act as an agent, it shall be provided by the agency.
When applying for trademark transfer, the following documents shall be submitted to the Trademark Office.
1. Stamp the application for renewal registration and the power of attorney with the official seal of the company.
2.5. Design of registered trademarks.
3. A copy of the trademark registration certificate.
4. Copy of business license (photocopy).
Renewal refusal
To apply for trademark transfer, an application for trademark renewal registration formulated and published by the State Administration for Industry and Commerce shall be used. The application can be collected in the registration hall of the Trademark Office. You can also download it from this website. Where a trademark agency is entrusted to act as an agent, it shall be provided by the agency.
To apply for trademark transfer, the following documents shall be submitted to the Trademark Office:
1. Stamp the application for renewal registration and the power of attorney with the official seal of the company.
2.5. Design of registered trademarks.
3. A copy of the trademark registration certificate.
4. Copy of business license (photocopy).
Announce permission
Six to seven months after the Trademark Office accepts the application for renewal of a registered trademark, the Trademark Office will make an announcement and issue a formal renewal certificate if it meets the conditions for renewal after examination and approval.
The validity period of the renewed trademark shall be counted from the day after the expiration of the previous validity period of the trademark.