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home page > Trademark inquiry > The period of validity of the registered trademark and the provisions on the relevant contents

The period of validity of the registered trademark and the provisions on the relevant contents

Source: //www.qierge.net/trademark/ Author: The period of validity of the registered trademark and the provisions on the relevant contents Time: 15:44 November 12, 2019 Views: 2953

Our country adopts the registration principle for the acquisition of trademark rights, that is, only the trademarks approved and registered by the Trademark Office of the State Administration for Industry and Commerce can produce exclusive rights.

 The period of validity of the registered trademark and the provisions on the relevant contents

The period of validity of a registered trademark is ten years, counting from the date of approval of the registration. If it is necessary to continue to use the registered trademark after the period of validity expires, an application for renewal of the trademark registration may be filed.


Relevant legal knowledge: relevant provisions in the Trademark Law of the People's Republic of China


Article 28. Where a trademark applied for registration is not in conformity with the relevant provisions of this Law, or is identical with or similar to the trademark of another person that has been registered on the same or similar goods or that has been preliminarily approved, the Trademark Office shall reject the application and shall not publish it.


Article 29 Where two or more applicants for trademark registration apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary examination, approval and publication of the trademark which was first applied for shall be made; Where an application is filed on the same day, the trademark that was used earlier shall be preliminarily examined and published, and the application of other persons shall be rejected and not published.


Article 30. Any person may, within three months from the date of publication, raise an objection to a trademark that has been preliminarily approved. If there is no objection at the expiration of the time limit for publication, the registration shall be approved, a trademark registration certificate shall be issued, and the trademark shall be published.


Article 31 An application for trademark registration shall not prejudice the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has certain influence by illegitimate means.


Article 32 With respect to a trademark whose application is rejected and whose publication is not made, the Trademark Office shall notify the applicant for trademark registration in writing. If the applicant for trademark registration is not satisfied, he or she may, within 15 days from the date of receiving the notice, apply to the Trademark Review and Adjudication Board for reexamination. The Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.


If the party concerned is not satisfied with the decision of the Trademark Review and Adjudication Board, it may bring a suit in the people's court within 30 days from the date of receiving the notification.


Article 33 Where an objection is raised to a trademark that has been preliminarily approved and announced, the Trademark Office shall hear the objector and the objected state facts and reasons, and make a ruling after investigation and verification. If the party concerned is not satisfied, it may, within 15 days from the date of receiving the notice, apply to the Trademark Review and Adjudication Board for reexamination. The Trademark Review and Adjudication Board shall make a ruling and notify the objector and the objected in writing.


If the party concerned is not satisfied with the ruling of the Trademark Review and Adjudication Board, it may bring a suit in the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to the trademark review procedure to participate in the litigation as a third party.


Article 34 If the party concerned does not apply for reexamination of the ruling made by the Trademark Office or does not bring a lawsuit to the people's court against the ruling made by the Trademark Review and Adjudication Board within the statutory time limit, the ruling shall take effect.


If it is ruled that the objection is untenable, the registration shall be approved, a trademark registration certificate shall be issued, and the trademark shall be published; If it is ruled that the objection is justified, the registration shall not be approved.


If it is determined that the objection cannot be established and the registration is approved, the time for the trademark registration applicant to obtain the exclusive right to use the trademark shall be counted from the expiration of three months after the preliminary announcement.


Article 35 Applications for trademark registration and trademark reexamination shall be examined in a timely manner.


For more trademark registration information, please follow the second brother


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