Your trademark in China is protected for 10 years. This is such a long period that it is easy to forget that trademarks expire at some point. And since trademarks are one of the most valuable assets a company can have, remembering to renew your trademark is critical to your brand value and business security.
The renewal of a trademark in China is done at the request of the owner. It should be filed no later than six months before the expiry of the protection period. Of course, the renewal application can be filed a little earlier, but not earlier than one year before the expiry of the current registration period. Above all, it is important not to forget to renew the trademark. The consequence of forgetting will be higher renewal costs during the 6-month grace period following the last day of protection. After this period, the mark can be applied for by other persons or companies.
You need to apply for renewal. In China, an application to extend protection for another ten years can only be filed with the China Trademark Office (CNIPA) by a local trademark attorney, such as those who work with Trademark Partners. Let me know, we know exactly how to do it.
Failure to renew your trademark protection can have far-reaching consequences. Protection ends on the last day of protection, which means that the trademark owner loses the ability to enforce their exclusive rights. Once the grace period has expired, anyone can register the same or a similar trademark.
In China, a trademark is protected for 10 years from the date of registration.
Not earlier than one year and not later than six months before the protected period expires.
The mark loses protection after the grace period and becomes available for registration by others.
No. China Trademark Office (CNIPA) does not require proof of use when applying for renewal of a trademark.
A renewal application may only be made for a single trademark within a single class. It is not possible to automatically renew the registration of a mark in several classes with one application. It is therefore necessary to file separate applications for each of the classes in which the mark is registered and in which you wish to extend its protection.
This also means that you can select the classes in which you wish to extend protection and file an application only in those classes. As a result, protection will be extended in the classes selected and will expire in those classes in which no request for renewal has been filed with the Office.
Yes, the new period of ten years will be calculated anew from the date of expiry of the previous period of protection. Remember, however, that an unused trademark may be cancelled, so that the guarantee in question applies only to the grant of the protective rights and not to their uninterrupted duration.
No, changing the scope of protection requires a separate procedure. You can only renew the mark as it is registered and only to the same extent. Any changes require another application.
No. When renewing the rights for a new period, it is not possible to change or update the mark’s graphic element at the same time.
An application for renewal of the trademark and a current company registration document or identity document (if the trademark is registered in the name of an individual) are required.
Yes, but only during the six-month grace period that begins after your coverage ends. There are additional costs involved.
No. China Trademark Office (CNIPA) does not require to file proof of use when applying for renewal of a trademark.
Failure to renew will result in loss of trademark rights.
Yes, there are procedures for appealing against the CNIPA’s decisions.
There is no obligation to do so. If you do not intend to use the trademark, you do not need to take any action. The rights will lapse. However, you must remember that the mark will become available for registration by someone else.
You can only renew on the company in which it is registered. If you want it on another, you must first transfer the rights to the mark and then apply for renewal. If you act too late, you may have problems maintaining your protective rights.
This is not possible if the entity that registered it no longer exists.
The extension allows all previously acquired rights to be retained.
The most common mistakes are late renewals or attempts to renew by a company other than the one that registered the mark.
No, you do not need to come to China. An renewal application can be made on your behalf by a local representative, such as those who work with Trademark Partners. Let us know, we know exactly how to help you.
No. CNIPA does not monitor and notify the approaching end of the protection period.
Any licensing agreement should reflect the current registered status of the trademark.