How To Apply For Renewal Of A Registered Trademark?
I. brief description
The validity period of a registered trademark is ten years. If a registered trademark is to be continued after its expiration, it shall go through the formalities of renewal within twelve months before the expiration of the term of registration; if it fails to do so within the period, it may give a six month extension period. The validity period of each renewal registration is ten years, counting from the next day after the expiration of the term of validity of the trademark. If the renewal process is not completed, the registered trademark shall be cancelled.
Two. handle channel
There are two ways to apply for renewal of a registered trademark:
(1) entrust a trademark agency to file a record with the trademark office.
(two) the applicant directly goes to the trademark registration hall of the Trademark Office (the applicant can also go to the office of the Trademark Office in Zhongguancun National Independent Innovation Demonstration Zone office. The address of the office is: two registration hall of the Beijing industrial and commercial bureau, Beijing Suzhou Street, Haidian District 36).
Three. extension Book format
There is only one type of renewal document, that is, the application for renewal of trademark.
Four. Three steps to apply for an application.
(1) preparation of application forms
1. the application should be submitted to:
(1) application for renewal of trademark.
(2) photocopy of the main body qualification certificate confirmed by the applicant or by signature.
(3) the principal agent's submission of attorney's letter of attorney shall directly submit the identity card and photocopy of the registrant directly in the registration hall of the trademark (after the original is returned by comparison).
(4) photocopy of the registration certificate.
(5) the application document is foreign, and the Chinese version of the signature must be provided by the translation agency or agency.
Two specific Explain
(1) one by one in accordance with the requirements of the application, and must be typed or printed. The applicant is a natural person. He should fill in the identification number after his name.
(2) 1 copies of renewal application should be submitted for each trademark.
(3) a direct copy of the identity card of the registrant should be submitted directly to the trade mark registration hall. A letter of attorney for trademark agency shall be submitted for the handling of the trademark agency.
(4) the trademark that applies for renewal is a common trademark, and the application should be based on the name of the representative.
(5) according to the provisions of article thirty-fourth of the trademark law, the time when the objection to a trademark has been approved and registered by a ruling objection, and the time when the applicant for trademark registration obtains the exclusive right to use the trademark shall be counted from the date of the expiration of the three month of the first instance notice. Therefore, a trademark still in dispute, objection review, and objection retrial proceedings has been applied for renewal within twelve months before the expiry date of the trademark renewal. If the application fails, the extension period can be granted for six months. Our bureau will decide whether to approve renewal according to the objection, objection review or the final result of litigation. If the trademark is finally not approved and registered, our bureau will not approve the renewal application, and the application fee can be refunded.
(two) application for submission
1. directly apply, submit an application at the reception window of the trademark registration hall.
2. where a trademark agency is entrusted, the trademark agency shall deliver the application to the trademark office.
(three) payment of renewal fees
The application fee is charged by category. If a category renewal application is required, the fee will be 2000 yuan. If a renewal application is required within the extended period, a 500 yuan delay fee will be required.
If it is entrusted by a trademark agency, the Trademark Office deducts the fees from the advance payment of the trademark agency.
V. precautions
1. after the renewal application is approved, the Trademark Office shall issue a renewal certificate to the applicant. If it is processed directly, it will send it to the applicant by mail in accordance with the address filled in the application form, and the agent shall send it to the agent organization.
2. if the renewal application needs to be corrected, the Trademark Office shall issue a notice of correction to the applicant (directly handled, it will be sent to the applicant by mail in accordance with the address filled in the application form, and the agent shall be sent to the agency), requiring the applicant to make corrections within a specified time. If the applicant fails to make corrections within the prescribed time limit, the Trademark Office shall have the right not to approve the renewal application.
3. if the application for renewal is not approved, the Trademark Office shall issue a notice of disapproval. Those directly handled will be sent to the applicant by mail in accordance with the address filled in the application, and the agent shall be sent to the agency.
4. if the applicant has entrusted the trademark agency to renew the application, the Trademark Office will send all the copies to the trademark agency.
5. the categories of applications should be completed in accordance with the international classification categories approved by the trademark registration certificate.
The above contents were revised in May 2014. If there is any change in the future, or if the requirements of the reception staff in the registration hall are inconsistent, the requirement of the reception personnel shall prevail.
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