Possession of valid trademark rights is one of the key formalities you should complete when entering into business relations with Chinese partners. At the same time, it is important to remember that trademark protection in China is granted by the Chinese Trademark Office for a strictly defined period of time. Therefore, if your trademark is about to expire and your company plans to continue doing business with Chinese counterparties, you should apply for trademark extension in China well in advance. At Trademark Partners, we will prepare the necessary documentation and submit the application to the Chinese Trademark Office on your behalf.
The exact duration of trademark protection in China is specified in the trademark registration certificate issued locally by the Chinese Trademark Office. According to the Chinese Patent Law, trademark protection in the Middle Kingdom is valid for 10 years from the date of registration of the trademark with the Chinese office. It is worth bearing in mind that if the trademark is not used for at least three years, another entity may challenge the company's right to use the trademark in China. It is then important to have credible evidence that the company was actively using the trademark at the time. Such evidence may include documentation relating to the shipment of samples, a product catalogue containing the logo, or the listing of goods manufactured by the company on the official Chinese e-commerce website.
After this ten-year period, the company has the right to apply for renewal of the trademark in China. Upon approval by the relevant authority, the trademark protection is extended for a further ten years.
As mentioned above, when the trademark protection period expires in China, the
company has the option to start the trademark renewal process. However, this process is
subject to certain formalities and deadlines. If you wish to apply to the Chinese Patent
Office to renew a trademark in China, remember that you must do so at least six months
before the current term of protection expires. Failure to do so before the expiry date may
result in the loss of the exclusive right to use the trademark.
If you wish to extend the term of protection of a trademark, it is recommended that
you seek the assistance of a professional intermediary operating locally in China. At
Trademark Partners, as part of our trademark renewal service, we take care of all the
necessary formalities involved in this process. With professional assistance, you can be
sure that your application will be filed with the China Trademark Office on time.
The fee for renewing a trademark in China is much lower than that for filing a
trademark application and includes several components, the most important of which are
the official fees, the number of classes and the attorney's fees. The final amount of the
trademark renewal service is determined individually at Trademark Partners after a
detailed review of each client's trademark situation.