A registered trademark is valid for 10 years, calculated from the date of approval of registration. If continued use is needed after expiry, renewal formalities should be completed within 12 months before the expiry date; those who fail to do so within that period have a further 6-month grace period. Each renewal is likewise valid for 10 years, with no limit on the number of renewals.
Statutory Provisions on the Term
- Article 39 of the Trademark Law: a registered trademark is valid for ten years, calculated from the date of approval of registration.
- Article 40 of the Trademark Law: renewal may be completed in accordance with the provisions within twelve months before expiry; those unable to do so are granted a six-month grace period; each renewal is valid for ten years, calculated from the day following the expiry of the preceding term; a registered trademark not renewed upon expiry is cancelled.
Key Time Points for Renewal
- Normal renewal window: the 12 months before expiry — fees are lower during this period.
- Grace period: renewal may still be completed within 6 months after expiry, subject to a surcharge for delay.
- Cancellation: if renewal is still not completed by the end of the grace period, the trademark is cancelled and the right extinguished; thereafter, others may immediately apply for the identical trademark.
Practical Points to Note
- Do not rely on memory: ten years after registration, the enterprise's principal and the person who handled the filing have often changed; cases of trademarks cancelled due to forgotten renewal are common. Build a trademark archive and set expiry reminders.
- Renewal involves no similarity examination: renewal is a formality examination only and will not be refused because new prior conflicts have emerged — old trademarks deserve extra cherishing.
- Handle name changes first: after a change of enterprise name or address, complete the recordal before renewing, to avoid correction notices for inconsistent particulars.
- Keep using after renewal: renewal maintains the right, but use maintains the value; three consecutive years of non-use may still invite a cancellation application by others.
Note: the time-frame statements in this article are updated as of 2026; actual duration is affected by examination progress, and the CNIPA's official statements prevail.
In similar situations, it is advisable to first consult a CNIPA-recorded trademark agent on MyTMBee to assess whether archive management is needed before deciding on the next step.