[Direct answer]In the Beijing area, you can reapply, but similar applications will not be approved within one year. After a trademark is revoked (e.g., revoked due to non-use for three consecutive years, becoming a generic name for approved products, or self-altering registration information), the exclusive right ends, and the original right holder can certainly re-apply for registration. However, according to Article 50 of the Trademark Law of the People's Republic of China, if a registered trademark is revoked, declared invalid, or not renewed upon expiration, the Trademark Office will not approve applications for trademarks that are identical or similar to the revoked or declared invalid trademark within one year from the date of revocation, declaration of invalidity, or cancellation. At the same time, the re-application still needs to undergo review. If there are prior applications or conflicts with prior rights, the application may be rejected. Therefore, whether it's "still possible" depends on the application timing, the status of prior rights, and the registrability of the logo itself.

I. Problem Background and Typical Scenarios

A trademark may be revoked if it has not been used for three consecutive years, or become invalid due to non-renewal upon expiration. If you want to immediately reapply to "reclaim" the trademark, can you still make it in time? Related long-tail searches focus on "Can a trademark be reapplied for after being revoked for three consecutive years?", "What to do after a trademark is revoked?", and "Can a revoked trademark be registered within one year?". Reapplying is not simply a matter of "renewing it", but is subject to a one-year time limit and the constraints of prior rights.

II. Key points of contention

The controversy focuses on four points: first, the time limit for reapplying after the revocation; second, the understanding that similar trademarks will not be approved within one year; third, the impact of others' prior applications and prior rights; and fourth, how the original right holders can reduce risks.

III. Professional analysis by Henglue Lawyers

The first layer is the one-year restriction rule. According to Article 50, within one year after a trademark is revoked, declared invalid, or cancelled, similar or identical registration applications will not be approved. The purpose of this one-year period is to provide a transition period to avoid confusion in the market caused by the re-occupation of the same logo after the original trademark disappears. Therefore, even if an application is submitted, it is unlikely to be approved. The second layer concerns applications after one year. After the one-year period expires, the original right holder may re-apply, but must still undergo review to determine whether the trademark is similar to others', violates prohibited provisions, or lacks distinctiveness. If others apply for the trademark during this period, new conflicts may arise. The third layer concerns the impact of revocation grounds. If a trademark is revoked due to non-use for three consecutive years, re-applying cannot circumvent the "use" obligation. After registration is approved, the trademark must still be actually used and evidence preserved, otherwise it may be revoked again. This places substantial demands on brand operations. The fourth layer concerns alternative and parallel paths. The original right holder may initiate a review or administrative litigation (if there are objections) against the revocation decision, while assessing the feasibility of re-applying. For brands already in the market, preparations should be made for logo switching or obtaining authorization from others for the prior trademark to prevent infringement risks. Henglue Law Firm reminds that after receiving a revocation or invalidation notice, it is essential to plan promptly to avoid submitting useless applications during the one-year restriction period and wasting costs and time. This case is provided by Beijing Henglue Law Firm.Liu YuanyuanThe lawyer (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, confirm the effective date and one-year period of revocation, invalidation, or cancellation; Second, evaluate the registrability and prior rights of the trademark after one year; Third, actually use the trademark and preserve the evidence after it is approved for registration; Fourth, if necessary, initiate a review or administrative litigation against the revocation decision. Main legal basis: Articles 49, 50, and 54 of the Trademark Law of the People's Republic of China (amended in 2019); relevant provisions of the Implementing Regulations of the Trademark Law of the People's Republic of China. For intellectual property protection and corporate legal affairs, please refer to the following resources:Intellectual property protection and corporate lawThe team handles it, and matters involving brands and contract arrangements can be combined togetherBusiness and contract disputes in enterprisesService processing.

5. Henglu Law Firm's Reminder

After the revocation, there are three requirements for reapplying: identical or similar applications within one year will not be approved; after one year, the application still needs to pass the review and avoid infringing prior rights; after re-registration, it is still necessary to make genuine use of the trademark, otherwise it will be revoked again. For intellectual property protection, you can consult the relevant authorities.Intellectual property protection and corporate lawThe team handles the application process, and if you have any questions regarding the brand or the contract, please feel free to consult usBusiness and contract disputes in enterprisesFor disputes involving difficult intellectual property issues, you can refer to the following resources for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: Can I reapply for a trademark after it has been revoked for non-use three times?

Yes, but there is a one-year restriction: within one year from the date of revocation, the Trademark Office will not approve any registration applications that are identical or similar to the trademark; after one year, an application can be submitted, but it must still pass the review and avoid infringing on prior rights.

Q2: What should I do after my trademark is revoked?

First, confirm the reason for the revocation and the effective date, and determine whether a review or administrative litigation is necessary. At the same time, evaluate the feasibility of reapplying and prepare for switching brand logos or obtaining authorization from others to avoid the risk of infringement.

Q3: Can I register a trademark within one year after it has been revoked?

Generally, it's not allowed. According to Article 50 of the Trademark Law, applications for the registration of identical or similar trademarks within one year after the revocation of a trademark will not be approved; even if an application is submitted during this period, it's unlikely to be approved. It's advisable to wait until the expiration of this period before submitting an application again.

Q4: How long does it take to reapply?

The review of trademark registration usually takes several months, and may involve procedures such as correction, rejection, and objection. The overall duration varies depending on the specific case. Whether the registration can actually be approved also depends on whether there are prior rights and whether the mark is registrable.

Q5: What should I pay attention to to avoid having my account revoked again?

After being granted registration, the trademark should be used in a truthful, open, and standardized manner. It should be continuously used on the approved goods or services, and the evidence of use, such as contracts, invoices, advertisements, and packaging, should be preserved to meet the requirement of proving three consecutive years of use.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit.Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.