Trademark renewal does not require a fresh substantive examination. CNIPA conducts only a formal examination of renewal applications, verifying the applicant's standing, payment of fees and completeness of documents, and will not refuse renewal because new similar trademarks have emerged or because of distinctiveness issues.
What the Renewal Examination Covers
After a renewal application is filed, CNIPA mainly checks the following:
- Whether the applicant's name matches that of the trademark registrant; if not, a change of name must be completed first or filed simultaneously;
- Whether the trademark registration number and class are filled in accurately;
- Whether the renewal fee and any applicable late fee have been paid in full;
- Where an agency is appointed, whether the power of attorney is in proper form.
Once the formal examination is passed, CNIPA approves the renewal, issues a renewal certificate and publishes it. The renewal certificate is used together with the original trademark registration certificate; no new registration certificate is issued.
Why There Is No Substantive Examination
The purpose of the renewal system is to maintain an existing right, not to create a new one. The trademark already underwent substantive examination on distinctiveness, similarity and the like at the registration stage; repeating that examination at renewal is unnecessary and would increase uncertainty over the right. Therefore, even if similar trademarks have appeared on the market during the ten-year term, they do not affect renewal of the original trademark.
Circumstances Where Correction May Be Required
- The change of name or address has not been recorded: complete the change first, or file the change and renewal simultaneously;
- The registrant has been deregistered or had its business license revoked: the issue of legal standing must be resolved first, and an assignment (transfer) may be necessary;
- The trademark is subject to non-use cancellation proceedings (three consecutive years of non-use): this does not bar filing a renewal, but the outcome of the cancellation proceedings determines whether the trademark survives.
Once the renewal is approved, the trademark enters a new ten-year validity period, and the right holder should record the new expiry date in the trademark ledger and begin monitoring for the next cycle.
In similar situations, it is advisable to consult a recorded trademark agent at MyTMBee first, assess whether a trademark renewal is needed, and then decide on the next step.