What is Trademark Renewal?

Trademark Renewal Guide

1. The concept of trademark renewal

Trademark renewal refers to the extension of the validity period of a trademark through legal procedures after the expiration of the trademark registration. Usually, trademark registration is valid for 10 years, and renewal can ensure the continued validity of the trademark.

2. Legal basis

According to Article 40 of the Trademark Law, a registered trademark should be renewed within 12 months before the expiration date. If the renewal is not done within this period, it can be done within the 6-month grace period. Each renewal is valid for 10 years from the day following the expiration of the previous validity period.

3. Domestic Trademark Renewal

• Renewal Procedures: Filing an application for renewal with the Trademark Office.
• Fee: A renewal fee will apply.

4. Renewal of foreign trademarks

• United States of America: Administered by the U.S. Patent and Trademark Office (USPTO), renewals are for a period of 10 years and require the filing of a declaration of use and the payment of a renewal fee.
• European UnionThe renewal is administered by the European Intellectual Property Office (EUIPO) and is granted for a period of 10 years, subject to the submission of a renewal application and the relevant fee.

5. Advantages of Trademark Renewal

• Save time and cost: Lower cost than re-registration.
• Risk Reduction: The review process is simple and has a high approval rate.
• Maintaining Trademark Continuity: Maintain market recognition.
• Maintaining Brand Values: Protect and enhance brand value.
• Prevention of abuse and infringement: Provide a legal basis to protect brand rights.

6. Consequences of non-renewal

If the trademark is not renewed in time, the trademark will expire and become public domain and the original holder will lose its exclusive rights.

7. Practical operations

• Domestic Renewal: To ensure that all information is available through the Trademark Office.
• Overseas Renewal: Renewal applications and related fees are submitted in accordance with national laws and regulations.

8. Points to note

• Pay close attention to the expiration date of the trademark and apply for renewal in advance.
• Ensure that the information and documents in the renewal application are accurate.

Conclusion

Trademark renewal is an important step in securing the rights and interests of a trademark, which needs to be prepared in advance and follow the relevant legal procedures in order to protect and enhance the value of the brand.