How long does the trademark right take effect?

Brands or companies will apply for Trademark rights to make their trademarks more protected by law. Once the trademark rights are applied for, it means that it will take effect, but will it take effect immediately or after a period of time? Many people have this knowledge will also be interested. So, how long does the trademark right take effect? ​​The editor of Legal Savior Network will explain it to you in detail.

How long does the trademark right take effect?

The term of the trademark right is the validity period for which the exclusive right to use the trademark is protected by law. .

Article 39 of the "Trademark Law" stipulates that the validity period of a registered trademark is 10 years, calculated from the date of approval.

Article 40 If a registered trademark expires 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 may be granted. 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.

How long is the term of trademark right protection

The term of trademark right is also called the validity period of a registered trademark. It means that the trademark owner has exclusive rights to the registered trademark within a certain period of time.

my country’s Trademark Law stipulates that the validity period of a registered trademark is 10 years.

The validity period of a registered trademark shall be calculated from the date the trademark is approved for registration. The so-called date of approval of registration is the date of announcement of approval of registration. It should be noted that if an objection is raised but the objection is determined to be untenable and the registration is approved, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the three-month period from the preliminary announcement.

What should you pay attention to when applying for trademark renewal?

Trademark renewal refers to the registration of a trademark Validity period is 10 years. If a registered trademark needs to be continued to be used after it expires, 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 is not made within the extension period, the registered trademark will be cancelled.

Trademark renewal should pay attention to:

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

2. If the renewal application does not meet the requirements, 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 for 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.

If you want to have a professional analysis with a lawyer about the trademark rights validity issues you are facing, you can use the lawyer online consultation service provided by this website to analyze the problem in detail and solve it.