Number of Extensions for Trademark Certificate? Is the Fee Refundable When Withdrawing a Trademark Application?

Number of Renewals for Trademark Certificate?

My company's trademark registration certificate is about to expire. I will need to proceed with the first renewal soon. May I ask how many times the trademark registration certificate can be renewed? How long is each renewal period? Thank you.

Response: According to Clause 6, Article 93 of the Intellectual Property Law 2005:

The trademark registration certificate is effective from the issue date to the end of ten years from the filing date, and it can be renewed consecutively multiple times, each renewal lasting ten years.

Therefore, the trademark registration certificate can be renewed multiple times (the maximum number of renewals is not specified), with each renewal period being 10 years.

Can the Trademark Registration Fee be Refunded if the Application is Withdrawn?

I am researching the trademark registration procedure. I have a query that I hope you can help me with. If I withdraw my trademark registration application, will I be refunded the fees paid?

Response: According to Clause 4, Article 4 of the Intellectual Property Law 2005, industrial property includes trademarks.

According to Clause 2, Article 116 of this Law, the regulations on withdrawing an industrial property registration application are as follows:

From the time the applicant declares the withdrawal of the application, all subsequent procedures related to that application will be terminated; the fees and charges paid concerning procedures that have not yet commenced will be refunded at the applicant's request.

Thus, if the applicant requests a refund, the fees and charges paid for procedures that have not yet commenced will be refunded. If the procedures have already commenced or if the applicant does not request a refund, the fees will not be refunded.

Assessing Famous Trademarks Based on Transfer Price

Some renowned trademarks like Coca-Cola, Pepsi, McDonald's are well-known and widely used in many countries. What are the criteria for identifying these famous trademarks, and is the transfer price one of them?

Response: According to Article 75 of the Intellectual Property Law 2005, the criteria for assessing whether a trademark is famous include:

- The number of consumers who know about the trademark through the purchase and use of goods or services bearing the trademark or through advertising;- The territorial extent where the goods or services bearing the trademark have been circulated;- Revenue from the sale of goods or provision of services bearing the trademark or the quantity of goods sold, the amount of services provided;- Duration of continuous use of the trademark;- The extensive reputation of the goods or services bearing the trademark;- The number of countries that protect the trademark;- The number of countries that recognize the trademark as famous;- The transfer price, price of licensing, or investment value of the trademark.

Therefore, the transfer price of a trademark is indeed a factor considered in assessing the trademark's fame.

Sincerely!