How is the term of trademark use rights determined?

The term of trademark use rights is 10 years. The "Trademark Law of the People's Republic of China" stipulates that the validity period of a Registered trademark is 10 years. However, a registered trademark can be renewed after it expires. If you need to continue to use it, it should be renewed after the registered trademark expires. Renewal can be applied for in the first 12 months, or it can be renewed within 6 months after the trademark expires. Regarding the question of how the period of trademark use rights is stipulated, the editor of Legal Savior Network will answer it in detail for you below.

1. How is the term of trademark use rights determined?

Trademark use The term of rights is 10 years.

Legal basis: "Trademark Law of the People's Republic of China"

Article 39 The validity period of a registered trademark is ten years, calculated from the date of approval of registration.

Article 40 If a registered trademark has expired and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with regulations within twelve months before expiration. ; If the application cannot be processed during this period, a six-month grace 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 Trademark Office shall announce the renewal of registered trademarks.

2. What are the circumstances of trademark infringement?

"Trademark Law of the People's Republic of China"

Article 57: Any of the following acts Any of the above is an infringement of the exclusive right to use a registered trademark:

(1) Using the same trademark on the same product without the permission of the trademark registrant Trademark;

(2) Using a trademark similar to its registered trademark on the same goods without the permission of the trademark registrant, or using it on similar goods with its registrarMarking identical or similar trademarks, which may easily lead to confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

( 5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;

(6) Intentionally infringing on other people's trademarks Providing convenient conditions for the exclusive rights of others and helping others to infringe the exclusive rights of trademarks; (7) Causing other damage to others’ exclusive rights of registered trademarks.

3. How to determine the compensation standard for trademark infringement?

"Trademark Law of the People's Republic of China"

Article 63 The amount of compensation for infringement of the exclusive right to use a trademark shall be based on the actual losses suffered by the right holder due to the infringement. Determine; if the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement; if the loss of the right holder or the benefits obtained by the infringer is difficult to determine, it can be determined reasonably by referring to a multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.

In order to determine the amount of compensation, the people's court may, if the right holder has tried its best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer. Order the infringer to provide account books and materials related to the infringement; if the infringer fails to provide or provides false account books and materials, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.

If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the People's Court shall decide based on Depending on the circumstances of the infringement, a compensation of less than five million yuan may be awarded.

The People's Court hearing trademark dispute cases shall, at the request of the right holder, order the sale of goods belonging to counterfeit registered trademarks, except in special circumstances.destroy; materials and tools mainly used to manufacture goods with counterfeit registered trademarks shall be ordered to be destroyed without compensation; or in special circumstances, ordered to prohibit the aforementioned materials and tools from entering commercial channels without compensation.

Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.

In general, a registered trademark has a validity period. When renewing a trademark, you need to pay a renewal fee to the industrial and commercial administration department. If it is within the extension period, Applying for trademark renewal will cost more. If the trademark is not renewed after expiration, the industrial and commercial administrative department will cancel the registered trademark in accordance with the law. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.