Renewal of Chinese Trademarks Aug 2020 |
| Trademark registrations in China are valid for 10 years and they need to be renewed as soon as they expire. If not renewed, the registered trademark will become invalid. Of course, you can also re-register. However, there is a big difference between renewal and registration. |
| According to Article 40 of the Trademark Law – “for a registered trademark to remain in use after its expiration, the trademark registrant should apply for renewal within 12 months of the expiration and in accordance with the rules; if unable to renew during this period, an extended period of 6 months can be given. Each renewal registration is valid for 10 years, starting from the day following the expiration of the previous registration. The registered trademark will be cancelled if it is not renewed after its expiration.” |
| Trademark renewal extends the period of reclausing use of a registered trademark. The application process is relatively simple – only the formality conditions of the qualification will be reviewed and there is no need to go through the substantive review stage. Thus, the certificate of renewal can be obtained in around 6 months. |
| As for re-registering the same trademark in the same category, there will be an extra year of protection. In total, you will need to spend at least 2 years in order to regain your previously expired trademark, which takes more time. |
| Registered trademarks are valid for 10 years, it is best to apply for renewal 1 year before it expires. |
| If you forgot to renew, you can apply for an extension within 6 months of the expiration. However, the fees will be higher than that of a normal renewal. |
| If you missed both of the above time periods, the Trademark Office will regard you as having automatically given up the trademark name and the said trademark registration will become invalid! Other people can apply to register a trademark that has not been renewed or extended after a year of its expiration. |
 COPYRIGHT BKIP 2020
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