How long is the term of trademark protection
The term of trademark rights is also called the validity period of a registered trademark, which refers to the trademark The owner has exclusive rights to the registered trademark for a certain period of time. A registered trademark should be used continuously. If a registered trademark has stopped being used for three consecutive years, anyone can apply to the Trademark Office to cancel the registered trademark.
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.
The trademark protection period is ten years from the date of trademark registration announcement. However, after expiration, additional fees need to be paid to renew the trademark for any number of times. limit. Renewal must be processed within the specified renewal period.
What are the trademark protection measures
(1) Resolve through negotiation.
The trademark registrant can negotiate and resolve relevant trademark matters with the other party by himself 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 implementing the Or if an act is about to infringe on the exclusive right to use a registered trademark, and if it is not stopped in time, the legal rights and interests will be irreparably damaged, the person may apply to the People's Court for an order to stop the relevant act and measures to preserve 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 file a lawsuit with the People's Court before filing a lawsuit.Apply for preservation of evidence. 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 administrative department for processing.
The applicant’s subject qualifications should meet the circumstances specified in item (2) above. The requester shall bear the burden of proof when making a processing request to the industrial and commercial administrative 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.
Customs applies for protective measures.
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