Guide to Trademark Registration and Protection in China - Trademark Renewal

1. Term of Trademark
   
   The trademark registration is valid for 10 years from the date of the registration.
   
   
2. Time for submission of renewal request
   
   If the registrant would like to extend the trademark protection period, a renewal request shall be made to the China Trademark Office within 12 months before the expiry date. Where no request has been filed within the said period, the renewal request and late renewal fee may be submitted within a grace period of 6 months. If the request is not filed within the grace period, the registration will be cancelled. Here is an example of a registration that will expire on December 31, 2020:
   
   

   Submit period	Type	Fees
   31st Dec 2019 ~ 31st Dec 2020	Normal renewal	Renewal fee
   1st Jan 2021 ~ 30th Jun 2021	Renewal within grace period	Renewal fee + late renewal fee
   After 1st Jul 2021	Unable to renewal, cancel the trademark	Not applicable

   
   After the request is approved, the Trademark Office will issue an electronic version of the renewal certificate and publish notice of the renewal. The term of validity of each renewed trademark shall be 10 years and the renewal will take effect from the expiry of the previous registration.
   
   
3. Required Renewal Request Documents
   
   (1) A trademark renewal request form;
   (2) An applicant’s main qualification and certification material (e.g.: certificate of incorporation or business license and passport for natural person);
   (3) A Chinese translation shall be submitted if the requested documents are in foreign languages;
   (4) A signed Power of Attorney (if applicant authorizes an agency).
   
   
4. Timeframe and Procedures for Renewal Request
   
   The trademark renewal procedure only contains formality examination to check whether the documents submitted by the applicant is completed, and no substantive examination is required. The Trademark Office generally takes around 2 months to examine trademark renewals. The flow chart of the renewal process is demonstrated below:
   
   

   Filling Renewal Request

   →

   Examination

   →

   Approval

   →

   Issue Renewal Certificate

   →

   Publication

   
   
   
5. Frequently Asked Questions of Trademark Renewal
   
   

   (1)	What should I do if I miss the grace period? China provides a one-year protection period for expired trademarks that are not renewed. Article 50 of the Trademark Law stipulates that If a registered trademark is revoked, declared invalid or will not be renewed at the expiration of the period, within one year from the date of revocation, invalidation or cancellation, the Trademark Office will not approve a trademark registration application that is the same or similar to this trademark. If the trademark registrant misses the grace period, it shall file a new application within one year from the date of cancellation of the trademark. If someone registers a trademark in bad faith, the registrant can also raise an objection during the announcement period.
   (2)	Does my trademark agent have the responsibility to remind me about the renewal? Actually, the responsibility of the trademark agent is assisting you to complete a trademark registration (except for being rejected) and the contract is finished once the Certificate of Registration is delivered to you. The trademark agent may kindly remind the owner to renew the mark to gain another cooperation chance. However, the renewal is usually conducted almost 10 years later, the person in charge and the contact person of the owner may be changed. Therefore, the owner should remark the expiry dates of the trademark registration on its own to avoid any late filing.
   (3)	Why the renewal fee is much expensive than the application fee? The fees depend on the official fee and the attorney fee (or service fee). Usually, the attorney fee (or service fee) for filing an application or renewal is almost the same. Therefore, the main reason is the Trademark Office cost renewal higher than application.
   (4)	Should I re-submit an application rather than filing a renewal to save costs? It is not advisable to give up the registration. There are several reasons: There is no substantive examination for renewal. Once the renewal is submitted, it will only need to have a formality check. There is no big risk to be rejected or to be opposed. The value of the mark is getting higher than 10 years ago. Since you have invested a lot of precious time and resources into the mark, the mark becomes more famous and well-known. During the ten years of use, the value of the mark keeps accumulating. In contrast, you may need to face the risk of rejection and fees for filing response will be incurred. Therefore, it is advisable to request renewal instead of filing new application.

Regulations for the Implementation of the Trademark Law of the People’s ...

Trademark Law of the People's Republic of China