How long is the right to use a trademark valid for?

The validity period of the Trademark use right in our country is 10 years, but the Trademark Law of the People's Republic of China also clearly stipulates that if you need to continue to use the trademark after it expires, you can apply for trademark renewal 12 months before the expiration. Here If the trademark is not renewed during this period, there will be a 6-month extension period after the trademark use right expires. Regarding the question of how long the right to use a trademark is valid, the editor of Legal Savior Network will give you a detailed answer below.

1. How long is the validity period of the trademark use right

1. Trademark use The right is valid for 10 years.

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

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 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 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. How is the legal liability for infringement of trademark rights

1. If there is an infringement of the exclusive rights of a registered trademark and a dispute arises, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant shall Alternatively, interested parties may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.

2. If the industrial and commercial administration department determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and those mainly used to manufacture the infringing goods. , Tools for counterfeiting registered trademarks. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. fine. Conducting more than two trademark infringements within five yearsOr if there are other serious circumstances, he shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

3. For disputes over the amount of compensation for infringement of trademark exclusive rights, the parties may request mediation from the industrial and commercial administrative department handling the matter, or may file a dispute in accordance with the Civil Code of the People's Republic of China. Procedural Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it becomes effective, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

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