The registration publication is the final public-notice procedure in which, after the 3-month preliminary approval publication period expires without opposition (or an opposition is found unfounded), CNIPA approves the registration and announces it in the Trademark Gazette. After the registration publication is issued, the trademark registration certificate is granted, the exclusive trademark right formally arises, and the term of validity is 10 years from the date of registration.
Position in the Process
The registration publication is the last step of the trademark registration procedure: filing → acceptance → substantive examination → preliminary approval publication (3 months) → registration publication → certification. At this point, the applicant formally becomes the trademark registrant.
Contents of the Publication
Registration number, registrant name and address, trademark specimen, approved goods/service items and classes, date of registration, and expiry date of the validity period. From then on, the registration number replaces the application number as the mark's lifetime identifier (it remains unchanged after renewal, assignment, or change).
The Registration Certificate
Since 2022, CNIPA has issued electronic trademark registration certificates across the board, with paper certificates being phased out. Registrants can download the electronic certificate through the CNIPA online service system. A replacement may be requested if the certificate is lost or damaged.
Content of the Rights
After the registration publication, the registrant enjoys:
- The exclusive right of use: to use the registered trademark exclusively on the approved goods/services, with the right to label it "®".
- The right to prohibit: to prevent others from using identical or similar trademarks on identical or similar goods.
- The right of disposal: to assign, license, or pledge the trademark.
- The right of renewal: the validity period is 10 years; renewal may be filed within 12 months before expiry (with a 6-month grace period), each renewal lasts 10 years, and the number of renewals is unlimited.
Post-Registration Obligations
- Standard use: the trademark actually used should match the registered specimen; altering the registered trademark on one's own, or failing to update the registrant's name or address in time, may lead to an order to correct or even cancellation (Article 49).
- Maintenance through use: if the trademark has not been used for three consecutive years without justifiable reason, anyone may apply for its cancellation ("non-use cancellation").
- Information maintenance: changes of name or address should be recorded promptly through the change formalities.
Practical Tips
The registration publication date, registration certificate, and validity expiry date should be entered into the trademark archive management system with renewal reminders; enterprises with multi-country portfolios should also manage the differing registration dates across jurisdictions.
How the above concepts apply in specific cases involves case-specific nuances; you can consult a CNIPA-recorded agent on MyTMBee for an analysis tailored to your case.