No. The registration certificate only proves that the right has been established. For trademark rights to subsist long-term, continuous maintenance is required: three years of non-use may lead to revocation, failure to renew at expiry leads to cancellation, and others may petition for invalidation.
Three Major Risks of Losing the Right
- Non-use cancellation risk: under Article 49 of the Trademark Law, where a registered trademark has not been used for three consecutive years without justification, any entity or individual may apply for its revocation;
- Renewal risk: where renewal is not completed within the statutory period upon expiry of the ten-year validity period, the trademark will be cancelled;
- Invalidation risk: a trademark that violates absolute grounds or prejudices prior rights may be declared invalid, deemed never to have existed.
The Right Way After Getting the Certificate
- Use the trademark genuinely and properly on the approved goods or services, preserving use evidence such as contracts, invoices, packaging, and advertising;
- File changes promptly when name or address changes, to avoid orders to correct or even revocation;
- Start renewal preparations a year in advance and set expiry reminders;
- Monitor market infringement and squatting developments and respond promptly to anomalies.
Five Things to Keep in Mind After Getting the Certificate
1. Use properly. You must not alter the wording, graphics, or combination of the registered trademark on your own; violators may be ordered to correct or even face revocation under Article 49(1) of the Trademark Law. If the device genuinely needs adjustment, file a new application.
2. Preserve use evidence. To defend against non-use cancellation, contracts, invoices, packaging, advertising, and e-commerce listing records should show the trademark and dates and be kept routinely; evidence cobbled together at the last minute is weak.
3. Monitor similar new applications. Oppositions can be filed within three months of the preliminary approval publication; missing the publication period multiplies the cost of later remedies.
4. Renew before expiry. Renewal is handled within the twelve months before expiry; the grace period is only six months, and after that the cancellation is irreversible.
5. Record changes promptly. If name or address changes are not recorded, renewal, assignment, license recordation, and complaints will all be blocked.
In such situations, it is advisable to consult a recorded agent through MyTMBee first to assess whether trademark monitoring is needed before deciding on the next step.