Missing the regular renewal window does not end the matter: the six months following expiry of the validity period constitute a grace period, during which filing a renewal application together with the late fee keeps the trademark right intact. However, if the grace period is also missed, the trademark will be cancelled and cannot be restored; the only option is to apply for registration anew.
Remedies in Two Stages
Stage one: entering the grace period (within six months after expiry). At this stage the exclusive right has not yet been extinguished. Once the right holder files the renewal application and pays the renewal registration fee plus the late fee, the renewal proceeds as usual. After approval, the new ten-year term is counted from the day following the expiry of the previous term, leaving no gap in protection.
Stage two: the grace period lapses without any filing. Under Article 40 of the Trademark Law, where no renewal application is filed by the end of the grace period, CNIPA cancels the registered trademark. Once cancelled, the trademark falls into the public domain and anyone may apply to register an identical or similar mark.
What Can Be Done After Cancellation
After a trademark is cancelled for non-renewal, the former right holder may file a fresh application for registration. Article 50 of the Trademark Law provides that, within one year from the date of cancellation, CNIPA will not approve applications for registration of trademarks identical or similar to the cancelled mark. This one-year isolation period objectively gives the former right holder a priority opportunity to reclaim the trademark, but it does not guarantee approval — the new application must still go through full examination.
Risk Warnings
Although the trademark has not yet been cancelled during the grace period, enforcement claims in infringement disputes arising at that time may be met with defenses from the other side; moreover, the grace-period late fee adds cost. The safest course is still to bring renewal into trademark file management, monitor expiry dates in advance, and avoid ever needing the remedy.
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.