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What is trademark continuity registration and is it feasible?

Release Time：

2022-09-19

Many enterprises in the early stage of entrepreneurship, because there is not enough cost for the full class of trademark registration, often choose the most core several categories to apply. However, as the market changes and their own development, enterprises will adjust their brand strategy, involving a wider range of business fields, and need more trademark protection. In this case, it may involve the extended registration of the underlying trademark that has been registered.

The registration of trademark continuity is the continuation of the registration of the basic trademark which has a certain popularity in the later application trademark.

In other words, after the enterprise becomes bigger and stronger, it wants to carry out more protection for the trademark, and extend protection based on the basic trademark that has been registered earlier. It sounds as if it is feasible that the company already owns the trademark for this brand, but it is only extended protection. However, in many practical cases, the parties' claims of trademark continuity registration are often difficult to be supported. Even if you have a previous registered trademark, the continuing trademark may not be approved for registration.

According to relevant regulations, trademark continuity registration needs to meet the following components:

1. The basic registered trademark through the use of a certain visibility;

2. The goods or services are identical or similar;

3. The trademarks are identical or similar;

4. the relevant public believes that the goods or services corresponding to the trademark have a specific connection with the trademark registrant.

In addition to meeting the above requirements, there is also a big "hidden danger" of trademark continuity registration, that is, in the period before the basic trademark registration and the later trademark application, there may be others applying for registration of the same or similar trademarks. Once this situation occurs, then the enterprise applies for the extension of registration, there will be a third party with its quoted trademark to the enterprise to apply for the trademark objection, prevent the extension of the registration of the later trademark.

Previously, Haitian Food industry on the "Haitian" trademark application for continuity registration, but the application was rejected. The reason is that in the period after the registration of "Haitian" trademark and before the renewal of registration, there have been enterprises to apply for similar trademarks, thus constituting prior rights obstacles to the application of Haitian Food industry.

Generally speaking, trademarks applying for continuous registration are often well-known, and such trademarks are more likely to be intentionally or unintentionally named by others, so they often face great challenges when applying for trademark continuity registration. Here, I also give you suggestions to closely monitor your own core trademarks. Trademark monitoring can timely raise objections to similar trademarks applied by others and prevent their registration, so as to avoid affecting your own brand.

The continuous registration of the trademark can make the popularity of the basic trademark continue to the trademark applied for registration after the use of the trademark, which can play a vital role in the positive and healthy development of the right holder and the whole market. However, in the current situation, the implementation of trademark continuity registration is relatively difficult.

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