What is the renewal of a registered trademark?

The validity period of a Registered trademark is ten years, calculated from the date of approval of registration. Each renewal of registration is valid for ten years. Today, the editor of Legal Savior Network will bring you what is the renewal of a registered trademark. I hope it can help you.

What is the renewal of a registered trademark?

The renewal of a registered trademark refers to the purpose of the trademark registrant to extend the registered trademark According to the legal statute of limitations, an application procedure for continued use is submitted to the Trademark Office before the expiration of the validity period. After the Trademark Office approves the registration and announcement, the legal effect of the registered trademark will continue to be maintained.

Legal protection of registered trademarks during the renewal period

The legal effect of registered trademarks during the renewal period can 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, Once approved upon expiration, the registered trademark will continue to be valid. The validity period of the renewed registration shall 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 shall constitute infringement.

Second, if an application for renewal 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 Administration will The 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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