The ten-year validity period of a registered trademark is calculated from the date the registration is approved—not from the application date, the preliminary approval publication date, or the date the certificate is obtained. This is expressly provided in Article 39 of the Trademark Law.
Determining the Starting Point
The date the registration is approved is the date of the registration publication. The registration certificate states both the registration date and the expiry date of the validity period, and the right holder should rely on the certificate. For example, a trademark approved for registration on March 1, 2026 is valid until February 28, 2036.
How It Is Calculated After Renewal
Under Article 40 of the Trademark Law, where continued use is needed after expiry, renewal must be completed within the twelve months before expiry, with a six-month grace period after expiry. Each renewal is valid for ten years, calculated from the day following the expiry of the previous term, so consecutive terms connect seamlessly.
Common Misconceptions
- Mistaking the application date for the starting point, leading to premature or missed renewal windows;
- Failing to renew within the grace period results in cancellation of the trademark, which cannot be restored;
- Set an expiry reminder based on the certificate's expiry date and start renewal preparations a year in advance.
Differences from Other Time Limits
The three-month opposition period after the preliminary approval publication (Article 33) concerns whether others can oppose your trademark and has nothing to do with the validity period. The renewal window is the normal twelve-month window before expiry plus the six-month grace period after expiry (Article 40). Missing the opposition period does not shorten the validity period; missing the renewal period leads directly to cancellation.
Significance of the Validity Period in Licensing and Assignment
Licensing and assignment both presuppose a registered trademark within its validity period, and the remaining term directly affects pricing and negotiation. The closer a trademark is to expiry, the more the acquiring party should first confirm whether the right holder has arranged renewal, and specify in the contract who bears the renewal obligation, to avoid acquiring a right that is about to extinguish.
If you are facing the above issues, you can first do archive management through MyTMBee and decide whether to file after confirming feasibility, avoiding wasted official fees from blind filings.