A renewal may be filed within the twelve months before the trademark registration's validity period expires. If that window is missed, there is a further six-month grace period after expiry during which renewal can still be made, subject to an additional late fee. The safest approach is to start the renewal about one year before the due date.
The Two Statutory Windows
Under Article 40 of the Trademark Law, a registered trademark is valid for ten years. 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 likewise valid for ten years, counted from the day following the expiry of the previous term.
In other words, a trademark can in theory be renewed an unlimited number of times, so long as the right holder completes the formalities on time at the end of each ten-year cycle.
Recommended Timeline
- 18 months before expiry: review the trademark file, confirm the expiry date of the validity period, and check whether the registrant's name and address match the business license;
- 12 months before expiry: the window opens; file the renewal application. At this point only the renewal registration fee is payable, with no late fee;
- 3 months before expiry: if it has not been done, start immediately, leaving room for corrections;
- During the grace period: renewal is still available but requires an additional late fee, and once the grace period is also missed, the trademark will be cancelled.
Common Misconceptions
Some people assume CNIPA will proactively remind them to renew. In fact, CNIPA has no mandatory duty to remind, and agencies will not track deadlines indefinitely on a client's behalf. Right holders should maintain their own trademark ledger or engage a professional agency for file management and expiry monitoring.
In addition, if the company has changed its name or relocated, the change should be recorded first, or the change and renewal applications submitted together, to avoid correction requests for name mismatches that waste time.
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.