According to the provisions of the trademark law of China, the period of validity of a registered trademark is ten years, counting from the date of approval of registration. After the expiration of the period of validity of the registered trademark, if the trademark owner needs to continue to use the trademark, the exclusive right to use the trademark may be extended by handling the formalities for trademark renewal.
According to article 38 of the trademark law, "where a registered trademark is required to continue to be used upon expiration of its validity, an application for renewal of its registration shall be filed within six months prior to the expiration of its validity; If no application is made during this period, a six-month extension may be granted. Where no application has been filed at the expiration of the extension period, the registered trademark shall be revoked. Each renewal of registration is valid for ten years. The renewal of registration shall be announced upon approval." In other words, an application for renewal of the registration of a trademark may be filed from six months before the expiration of the validity period of the trademark to six months after the expiration of the validity period, and the trademark office shall accept the application.
Six months before the expiry of the period generally called for renewal period of six months after the expiration of the renewal of wide extension, in the spread term for renewal of registration, the applicant except pay any renewal of registration fee should also be in accordance with the provisions, pay a fee and delayed. Illustrate as follows: an enterprise trademark validity if from July 10, 1985 to 1995 on July 9, it should be on January 10, 1995 to July 9, 1995 apply for renewal at this time. But if because of various reasons did not put forward in this period of time, the term, and can also spread in law that can also be in the July 10, 1995 to January 1996, nine days. However, even if an application for renewal is made during the extension period, the period of validity after the renewal has been approved shall be counted from the date of expiry of the original registration period rather than from the date of expiration of the extension period. From the above example, the continued decade is counted from the day after the expiration of the validity period of the trademark, not from the date of application for renewal or the date of approval of the notice.
In applying for renewal of a trademark, one application for renewal of a trademark shall be sent to the trademark. Fill in the application for renewal of trademark registration should specification, send samples of the trademarks ten at the same time, the approval of the specified color trademark should also send the original color of the trademarks, return the original trademark registration certificate, and pay fees. It should be noted that the submitted trademark should be consistent with the approved design in the trademark registration certificate, and the written trademark should not change the font arbitrarily, otherwise, the trademark office will not renew the registration.
After the application for renewal of the trademark registration has been examined and approved by the trademark office, the original trademark registration certificate has been reissued and announced. However, in cases where the trademark law does not require renewal, the trademark office shall make a decision of rejection. Not satisfied with the trademark office rejected for renewal of registration, the applicant may within 15 days from the date of receipt of the reject notice, will the application for renewal of rejected review send the trademark review and adjudication board for a review, accompanied by the original application for renewal of trademark registration and the rejection notice, and pay PingShenFei. The trademark review and adjudication board shall make a final decision and notify the applicant in writing. If the final decision is made to approve the renewal of registration, the application for renewal shall be transferred to the trademark office.
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