Trademark renewal is the regime under which, when a registered trademark's validity period expires, the registrant applies in accordance with the law to extend the term of the exclusive right. A registered trademark is valid for ten years, each renewed registration is likewise valid for ten years, and the number of renewals is unlimited — a trademark right can thus be maintained in perpetuity.
Legal Definition
Article 39 of the Trademark Law provides that a registered trademark is valid for ten years, counted from the date of approval of registration. Article 40 provides that where continued use is needed after expiry, the registrant shall complete the renewal formalities within twelve months before expiry in accordance with the regulations; where this cannot be done within that period, a six-month grace period may be granted. Each renewed registration is valid for ten years, counted from the day following the expiry of the previous term. Where the renewal formalities are not completed upon expiry, the registered trademark shall be cancelled.
Features of the Regime
Unlike patents, which require annual fees, and copyright, which arises automatically, trademark rights follow a renew-every-ten-years maintenance model with no annual fees in between. Renewal involves only a formal examination — distinctiveness and similarity are not re-examined — which ensures a stable expectation: as long as the formalities are completed and fees paid on time, the right continues.
Requirements for Filing
- Timing: within twelve months before expiry, or within the six-month grace period after expiry;
- Applicant: the trademark registrant, whose name must match the register; if not, a change should be recorded at the same time;
- Materials: the renewal application form, plus a power of attorney if an agency is engaged;
- Fees: renewal registration fee of RMB 500 per class, 10% off for online filing, plus a late fee during the grace period.
Legal Effect
Once the renewal is approved, CNIPA issues a renewal certificate and publishes it. The new term runs continuously from the day following the expiry of the previous term, leaving no gap in the right. The renewal certificate is used together with the original registration certificate; no new certificate is issued.
Consequences of Not Renewing
Where no renewal is filed by the end of the grace period, CNIPA cancels the registered trademark. Under Article 50 of the Trademark Law, within one year of a registered trademark's cancellation, CNIPA will not approve applications for identical or similar marks; but after that year, anyone may apply for the mark. If the former right holder wishes to regain the right, it can only apply anew and bear the risk of refusal or squatting by others.
Practical Points
Trademark renewal is the least frequent yet most failure-prone link in trademark lifecycle management. Companies should maintain a trademark ledger recording each mark's expiry date with alerts set more than a year ahead; where a name change or relocation has occurred, straighten out the name and address before renewing; where multiple marks fall due, batch the engagement to dilute costs. Bringing renewal into trademark file management is the basic skill of safeguarding brand assets.
The practical judgment behind these concepts requires case-specific analysis; before filing, you may book a recorded trademark agent at MyTMBee for targeted advice.