The period of validity of a registered trademark is 10 years. When the period of validity expires, if you want to continue to use the trademark, you need to apply for renewal of the trademark. However, some trademark owners choose to re apply for registration, believing that the right to exclusive use of the trademark can still be obtained in this way, and some costs can be saved. However, this kind of behavior has certain risks.
1. The substance of re applying for trademark registration is different from that of trademark renewal. The renewed trademark does not need substantive examination procedure, and the re registered trademark must go through substantive examination procedure.
2. The renewed trademark right can be continuously renewed. Paragraph 2 of Article 27 of the Regulations for the Implementation of the Trademark Law states that "the validity period of the renewed registered trademark shall be calculated from the next day after the expiration of the last term of validity of the trademark". The rights of the registered trademark can be naturally renewed, and there is no interval between the expiration of the last term of validity and the beginning of one term of validity; For a newly registered trademark, according to Article 37 of the Trademark Law, "the period of validity of a registered trademark is the next year, counting from the date of approval of registration".
3. Possible reasons for rejection of re application for registration. For some trademark registrations not prohibited by the Trademark Law before 1983 or newly added provisions in the Trademark Law of 2001, if the registrant gives up renewal and re registration, some trademarks cannot be registered.
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