What are the legal protection principles for registered trademarks during the renewal period of registered trademarks
During the renewal period, whether registered trademarks are protected by Legal protection? How to protect? There are generally two principles adopted in the laws of various countries, namely the application principle and the retroactivity principle.
The so-called application principle means that if the trademark owner applies for renewal within the renewal period stipulated by law, the registered trademark will be protected by law, otherwise it will no longer be protected by law. Protect. Article 40 of my country’s Trademark Law stipulates: “If a registered trademark expires and needs to be continued to be used, an application for renewal of registration shall be made within twelve months before expiration; if the application is not made during this period, a six-month suspension may be granted. The extension period. If an application has not been made at the expiration of the extension period, the registered trademark will be cancelled."
The so-called retroactive principle refers to the If you apply for renewal during the extension period, after the registration is approved, the validity period of the renewed registration will be calculated from the day after the previous validity period expires. In this way, registered trademarks can receive legal protection without interruption. During the extension period of a registered trademark, if the trademark registrant applies for renewal and is approved, the exclusive right to use the trademark continues to exist. If others use the same or similar trademark as the trademark during this period, it is an act; the person fails to apply for renewal. , or if an application for renewal is submitted but is not approved, the exclusive right to use the trademark will not be protected by law after the expiration of the validity period. ”
Legal protection of registered trademarks during the renewal period
Legal effect of registered trademarks during the renewal period It can be summarized as the following basic points:
First, if you apply for renewal during the validity period of a registered trademark, whether it is before the expiration of the validity period, during the extension period or during the extension period, If approved after the expiration of the extension period, the registered trademark will continue to be valid. The validity period of the renewed registration will be calculated from the day after the expiration of the previous validity period. The law will continue to protect it. Any illegal use of the registered trademark will constitute infringement.
Second, if an extension application is made during the extension period, and the original trademark owner requests to deal with the infringement of the registered trademark before the renewal application, the People's Court and the Industrial and Commercial AdministrationThe management agency should not accept it. Even if the subsequent renewal application is approved, the original trademark owner will not have the right to claim damages for infringements that occurred before the application was filed during the extension period.
Third, if the renewal application within the validity period or extension period of the registered trademark is not approved, the exclusive right to use the registered trademark will be extinguished from the date of expiration. . The original trademark owner shall not request legal protection on the grounds that others have infringed upon the registered trademark.
Fourth, between the expiration of the validity period and the final rejection of the renewal application, if others infringe the registered trademark, the renewal applicant has the right to request the People's Court, Industry and Commerce Administrative agencies or other competent departments protect registered trademarks. The competent authority shall file the case or accept the case and provide advance protection, but the request for compensation for losses shall be made after the renewal application has been verified and determined.
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