Trademark

Recovering the rights of trademarks that have exceeded the renewal grace period

Trademarks can be renewed during the trademark renewal period, which is within 1 year of the trademark expiration. However, if unable to renew the trademark within this time period, renewal can be done within 6 months of the trademark expiration. What if the 6-month trademark renewal grace period is also missed?

First, you must know that if no renewal application was filed despite the trademark grace period, the trademark will become invalid and will cease to exist.

The applicant can re-apply for trademark registration within a year of its invalidity. This is because the Trademark Law states that: within 1 year of the trademark becoming invalid, others are not allowed to register trademarks that are identical or similar to the said invalid trademark. The reapplication process is the same as a regular trademark registration.

Article 55 of the Trademark Law states that regarding registered trademarks that have been revoked or not been renewed after its expiration, the Trademark Office will not approve others’ registration of trademarks that are identical or similar to the said trademarks within 1 year of their revocation or invalidity.

Of course another tricky situation could occur: 1 year after the trademark becomes invalid, the trademark is registered by another person or a similar trademark is submitted for registration. This will make it difficult for the invalid trademark to succeed during reapplication. Regarding this situation, the trademark applicant has to either forfeit the said trademark or try to purchase the same or a similar trademark and reapply.

Therefore, it is recommended that the trademark holder pays special attention to the time period that the trademark is valid for. When the trademark is about to expire, the trademark renewal should be applied as soon as possible.

Once you miss the renewal period, you will lose your exclusive right to use the trademark. The trademark you own will also become invalid. Although you can reapply for registration, it will cost both time and money. Why not renew your trademark as early as possible? Not only can you regain your exclusive right to use the trademark, you can also prevent others from registering your trademark.

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