1. How many years is the validity period of the trademark registration certificate
According to my country's "Trademark According to the provisions of the Law, the validity period of a registered trademark is ten years, calculated from the date of approval of registration. After the validity period of a registered trademark expires, if the trademark owner needs to continue to use the trademark, the exclusive right to use the trademark can be extended by going through the trademark renewal procedures.
Legal basis:Article 40 of the "Trademark Law", "The registered trademark has expired and needs to be continued If you use the trademark, you should apply for renewal of registration within six months before the expiration; if you fail to apply during this period, you can be given a six-month extension period. If you have not filed an application at the end of the extension period, your registered trademark will be cancelled. The validity period of each renewal registration is ten years. After the renewal registration is approved, it will be announced." That is to say, the application for trademark renewal registration can be made from six months before the expiration of the trademark to six months after the expiration of the validity period. The Trademark Office accepted all submissions.
The six months before the expiration is generally called the renewal application period, and the six months after the expiration are called the renewal and extension period. For registration renewal applications submitted during the extension period, the applicant shall pay a delay fee in addition to the registration renewal application fee as required. The ten-year extension period is calculated from the day after the trademark expires, not from the date of application for renewal or the date of approval announcement.
When applying for trademark renewal procedures, a "Trademark Renewal Registration Application" should be sent to the trademark for each application. The "Application for Trademark Registration Renewal" should be filled out in a standardized manner, and the trademark drawing should be sent at the same time. For approved trademarks with specified colors, the original color trademark drawing should also be sent, the original "Trademark Registration Certificate" should be returned, and the fee should be paid. It should be noted that the submitted trademark should be consistent with the approved pattern on the trademark registration certificate, and the word trademark should not change the font arbitrarily. Otherwise, the Trademark Office will not renew the registration.
After the application for renewal of trademark registration has been reviewed and approved by the Trademark Office, the original "Trademark RegistrationThe certificate will be annotated and returned, and an announcement will be made.
2. What are the trademark protection measures?
(1) Resolve through negotiation.
Trademark registrants can negotiate and resolve relevant trademark matters with the other party on their own or by entrusting an agent;
(2) File a lawsuit in the People's Court.
If the trademark registrant or interested party is unwilling to negotiate or the negotiation fails, they may file a lawsuit in the People's Court; the trademark registrant or interested party has evidence to prove that others are If a person commits or is about to commit an act that infringes upon his exclusive right to use a registered trademark, and if it is not stopped in time, his legitimate rights and interests will be irreparably damaged, he may apply to the People's Court for an order to stop the relevant act and measures to preserve his property before filing a lawsuit. In order to stop infringement, if the evidence may be lost or difficult to obtain in the future, the trademark registrant or interested party may apply to the people's court to preserve the evidence before filing a lawsuit. If the trademark registrant or interested party is a Chinese citizen, legal person or other organization, he may sue on his own or entrust a domestic agent with trademark agency qualifications to sue; if the trademark registrant or interested party is a foreigner or foreign enterprise, he shall Entrust an organization recognized by the state with trademark agency qualifications to act as an agent (the list of state-designated agency organizations can be found on this website), or handle it according to the agreement signed by the country to which it belongs and China or the international treaty they both participate in, or handle it according to the principle of reciprocity;
(3) Request the industrial and commercial administration department for processing.
The petitioner’s subject qualifications should meet the circumstances specified in item (2) above. The requester shall bear the burden of proof when making a request to the industrial and commercial administration department;
(4) Report to the public security organ.
If there is evidence that the infringer has been suspected of committing a crime, the clues that have been obtained about the suspected crime will be reported to the public security agency in the jurisdiction. For cases where the investigation by the public security department has been completed and the procuratorate has accepted and initiated public prosecution, a criminal incidental civil lawsuit may be filed with the people's court that accepted the case.
(5) Apply to the Customs for intellectual property protection filing.
After the trademark registrant and its agent apply for intellectual property protection filing to the Customs, they discover that If the goods suspected of infringement are about to enter or exit the country, you can apply to the customs at the place where the goods enter and exit for protective measures.
After each trademark is successfully registered, it has a unique characteristics and exclusive characteristics. Therefore, a successfully registered trademark is also protected by law. If it is misappropriated by others, you can report it to the public security agency, or request the industrial and commercial administration department to handle it.I hope the above content can 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.