A trademark renewal application may be filed at the earliest within the twelve months preceding the expiry of the registration's validity period. This is the starting point of the acceptance window prescribed by law. CNIPA will not accept applications submitted earlier than this window.
Why Twelve Months
Article 40 of the Trademark Law expressly provides that a trademark registrant shall complete the renewal formalities within twelve months before the expiry of the term. The design of this window serves two purposes: first, it gives the right holder ample time to prepare; second, it prevents renewal applications from becoming disconnected from the validity period over an excessively long span.
How to Calculate Your Own Window
The term of exclusive right to use a trademark is ten years from the date of approval of registration. For example, if a trademark was approved for registration on August 15, 2016, its validity period runs until August 14, 2026. Accordingly:
- A renewal application may be submitted starting August 15, 2025;
- If submitted before August 14, 2026, only the regular renewal fee is payable;
- The period from August 15, 2026 to February 14, 2027 is the six-month grace period, during which renewal is still possible but subject to an additional late fee;
- Starting February 15, 2027, CNIPA will cancel the registered trademark.
The exact dates are subject to the trademark registration certificate and the records in CNIPA's online search system.
Practical Advice
Although you may file twelve months in advance, there is no need to rush to submit the moment the window opens. It is advisable to first run a trademark health check: verify whether the registrant's name and address have changed, whether there are similar trademarks under the same ownership that should be dealt with together, and whether the designated goods still cover the actual business. Submitting after these items are confirmed reduces office-action correspondence and helps close the matter in one pass.
If you are unsure about any of the above, you may first apply for trademark renewal through MyTMBee and act on the analysis provided by a recorded trademark agent.