The registration of a trademark is valid for 10 years from the date of approval of registration. In order to renew the exclusive right to use a trademark, the trademark registrant should go through the procedures for renewing the trademark before the expiration of the validity period. However, due to negligence or other reasons, some businesses may forget to renew their trademarks, resulting in the cancellation of their trademarks. So, even if the trademark is cancelled, if the enterprise continues to use the trademark, can such use be protected by law?
In essence, trademarks are used to distinguish goods or services, and to establish a brand image in the market through visible signs such as words and graphics. The legislative purpose of trademark law is to protect business reputation, so the continued use of trademarks is essential for the continuity of a brand in the marketplace.
Although the trademark is cancelled without renewal upon expiration, if the enterprise continues to use the trademark, it can still obtain certain legal protection. First of all, Article 13 of the Trademark Law grants unregistered but well-known trademarks the right to prohibit confusion between the registration and use of trademarks. Secondly, Article 32 of the Trademark Law stipulates that a trademark that has been used and has a certain impact on the market has the right to revoke the registration of a confused trademark within five years. Article 59 emphasizes that a trademark that has been used before and has a certain degree of influence has the right to defend against infringement.
These legal provisions mean that even if a trademark is cancelled without renewal, a company can still protect its rights and interests through trademark law if it can prove that it has been using the trademark continuously in a particular area of goods or services and that the trademark has established a certain influence in the market.
In addition, if the trademark is consistent with the enterprise name, the trademark that has not been renewed can still be protected under the Anti-Unfair Competition Law as a business name. The law stipulates that an enterprise's unauthorized use of another person's enterprise name, causing a mistaken belief that another person's goods are unfair competition and shall bear legal responsibility. Similarly, if an enterprise continues to use a trademark that has not been renewed, causing people to mistakenly believe that it is its goods, it can also be protected by law.
For non-renewed trademarks that are continuously used, if they have formed the unique name, packaging and decoration of well-known trademarks or services, enterprises can also obtain protection in accordance with the law. This includes the relevant provisions of Article 5.2 and Article 5.3 of the Anti-Unfair Competition Law, which involve the use of the name, packaging, or decoration unique to well-known goods, or acts that cause confusion with other people's well-known goods.
In general, although the trademark has not been renewed and has been cancelled, it can still obtain certain legal protection through legal channels such as the Trademark Law and the Anti-Unfair Competition Law in the case of continuous use. Trademark is an important part of corporate branding, and it is necessary to maintain a high degree of vigilance against brand management and intellectual property protection. Therefore, enterprises should strengthen their awareness of trademark renewal, establish a sound intellectual property protection mechanism, or use intellectual property institutions to supervise trademarks. Trademark renewal cannot be ignored and is a key part of maintaining the brand value of an enterprise.
Trademark renewal