[Direct answer]In the Beijing area, it is necessary to renew the registration in time before the expiration of the validity period. If the renewal is overdue, there is still a grace period to remedy the situation; once the registration is cancelled, it is necessary to reapply. Article 40 of the Trademark Law of the People's Republic of China (amended in 2019 and implemented on November 1, 2019) stipulates that when the validity period of a registered trademark expires and the trademark registrant wishes to continue using it, the trademark registrant shall go through the renewal formalities in accordance with the provisions within twelve months before the expiration of the validity period. If the renewal formalities are not completed within this period, a grace period of six months may be granted; the validity period of each renewal registration shall be ten years, calculated from the day following the expiration of the previous validity period of the trademark; if the renewal formalities are not completed within the validity period, the registered trademark shall be cancelled.

I. Problem background and typical scenarios

It is quite common for trademark renewal to be overlooked in corporate trademark management. Typical scenarios include: the enterprise changing its name, relocating, or having a change of responsible person without receiving the renewal notice in time; the trademark being managed by an agency but the agency relationship terminating, leading to a disruption in renewal reminders; only focusing on core trademarks while neglecting defensive or associated trademarks; the trademark having been idle for years without actual use, leading to questions about its use when renewing; and having the trademark cancelled due to exceeding the grace period when it was discovered to be expired. When dealing with renewal issues in the Beijing area, enterprises often need to evaluate the actual use status of the trademark and whether it might be subject to a revocation application by others. It should be noted that such disputes often involve both factual determination and procedural requirements, with relevant materials often scattered among both parties. Additionally, the timeframes are short and the issues are highly specialized. The earlier evidence is systematically organized and time points and legal basis are clarified, the more options there will be for subsequent negotiations or litigation, and the better able to avoid losing favorable positions due to procedural errors. When conducting a specific analysis, it is recommended to take the timeline as the main line, and to correspond contractual documents, receipts, communication records, and relevant legal basis one by one, forming a clear processing framework to facilitate the determination of the chronological order and feasibility of various claims. 商标续展被遗漏在企业商标管理中较为常见。典型场景包括：企业更名、搬迁或负责人变更后未及时接收续展通知；商标由代理机构代管但代理关系终止、续展提醒中断；仅关注核心商标而遗漏防御性或关联商标；商标已闲置多年、未实际使用，续展时被质疑使用情况；发现过期时已超过宽展期而被注销。北京地区企业在处理续展问题时，通常还需要评估商标的实际使用状态与是否可能被他人提出撤销申请。需要注意的是，此类纠纷往往同时涉及事实认定与程序要求，相关材料多分散于双方手中，加之期限较短、专业性强，越早系统整理证据、厘清时间节点与法律依据，后续在协商或诉讼中的选择空间就越大，也越能避免因程序性失误而丧失有利地位。在具体分析时，建议以时间线为主线，将合同、凭证、往来记录与相关法律依据逐一对应，形成清晰的处理框架，便于判断各项主张的先后顺序与可行性。

II. Key points of contention

First, whether the trademark is currently in the pre-expiration, grace period, or has already been cancelled. Second, how to prepare the materials and fees required for renewal. Third, whether pre-existing rights prevent the re-application from being approved. Fourth, whether continuous non-use of the trademark may lead to its revocation. Fifth, how to handle the situation after others preemptively register the trademark through objections, invalidations, or negotiations. Sixth, how to strengthen the enterprise's trademark management system to prevent future omissions. Seventh, the suitability of the rights claimant and whether necessary counterparties and jointly responsible parties have been omitted. Eighth, whether the relevant deadlines and procedural requirements have been complied with, and whether claims can still be made after the deadline. Ninth, the scope of losses, causality, and the degree of the parties' own faults need to be identified and proven based on specific materials. In addition, attention should be paid to whether the evidence is legal, whether key facts can be corroborated, and the differences in cost, time, and feasibility of different handling solutions. On this basis, the priority path to be pursued should be determined.

III. Professional analysis by Henglue Lawyers

The practical experience of Henglue Lawyers is that renewal issues should be divided into different stages and handled as soon as possible. First, verify the exclusive right period and current status of the trademark: if it is within twelve months before expiration, proceed directly with the renewal; if it is within the six-month grace period after expiration, handle the renewal and pay the grace period fees as soon as possible. Second, if it has been cancelled, only a new application can be submitted. At this time, a prior trademark search should be conducted to assess whether there are obstacles posed by identical or similar trademarks, and the application should be filed as soon as possible to reduce the risk of being preemptively registered by others. Third, review the actual use of the trademark. Registered trademarks that have not been used for three consecutive years face the risk of being applied for cancellation by others. Evidence of use should be collected and kept on hand. Fourth, establish a trademark database and expiration reminder mechanism, and integrate core, defensive, and related trademarks into unified management, clarifying the responsibilities of the agency and internal staff. Fifth, if it is found that others have preemptively registered or encountered cancellation applications, handle them in a timely manner through means such as objections, invalidation declarations, or negotiations. Lawyers can assist in verifying the status, formulating renewal or re-registration plans, and representing clients in relevant administrative and litigation procedures.
This case is handled by Beijing Henglu Law Firm.Liu YuanyuanThe attorney (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, verify the term of the exclusive right to use the trademark and its current legal status; Second, renew the registration and pay the fees as soon as possible during the grace period; Third, search for and re-apply for the trademark that has been cancelled as soon as possible; Fourth, organize the evidence of use to deal with possible revocation; Fifth, establish a filing system and a reminder mechanism for expiration; Sixth, deal with trademark squatting in a timely manner through objection or invalidation procedures. For matters related to trademark and intellectual property management, you can refer to the following materials for reference:Intellectual property protection and corporate law; For matters involving changes to the enterprise's main body and contractual affairs, you may refer to the following for referenceBusiness and contract disputes in enterprisesLegal basis: Articles 40 and 49 of the Trademark Law of the People's Republic of China (amended in 2019 and implemented on November 1, 2019). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, there are strict time limits for renewal, and the grace period is the last window for remediation. Secondly, once a trademark is cancelled, reapplying may face obstacles due to prior rights. Thirdly, there is a risk of cancellation if the trademark is not used for three consecutive years. Fourthly, enterprises should establish a filing and reminder mechanism to avoid omissions again. Fifthly, if a trademark is found to have been preemptively registered, it should be dealt with through legal procedures as soon as possible. For matters related to trademark renewal and intellectual property management, you can consultIntellectual property protection and corporate lawThe service is supported, and those related to corporate compliance and contractual matters can be integrated into it.Business and contract disputes in enterprisesFor plate-related matters involving foreign trademarks, you can refer to the following for more information.\nFinancial capital and cross-border transactions involving foreign entitiesColumn.

VI. Frequently Asked Questions

Q1: Can I still take remedial measures if I forget to renew my trademark?

It depends on the stage. If it is still within the six-month grace period after the expiration date, you can renew it as soon as possible and pay the corresponding fees to remedy the situation. If it has been cancelled after exceeding the grace period, it cannot be directly restored. You can only re-apply for registration and may face the risk of being preemptively registered by others or encountering prior rights obstacles. The cases vary greatly in terms of evidence form, liability proportion, and procedural milestones. Related requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communications, and service delivery to avoid the outcome being affected by insufficient evidence or the expiration of deadlines. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q2: When should the renewal be processed?

It should be handled within twelve months before the expiration of the validity period of the registered trademark; if it fails to be handled during this period, the law grants a six-month grace period. Each renewal of the registration period is ten years, starting from the day after the expiration of the previous validity period. It is recommended to set reminders in advance to avoid missing it when the deadline is approaching. Cases vary greatly in terms of evidence form, liability proportion, and procedural nodes, and related requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communication, and service to avoid affecting the outcome due to insufficient evidence or the expiration of the time limit; specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q3: Is it difficult to reapply for a trademark after it has been cancelled?

There are certain difficulties. After a trademark is cancelled, it enters the public domain. If it has been applied for registration by others during this period, the re-application may be hindered by the prior trademark obstacles; even if it has not been preemptively registered, it may not be approved due to changes in prior rights. Therefore, it is necessary to search and submit the application as soon as possible to reduce the risk. Cases vary greatly in terms of evidence form, responsibility ratio, and procedural nodes. Related requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communication, and service delivery to avoid affecting the outcome due to insufficient evidence or expired time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q4: Does it matter if a trademark is not actually used?

It does have an impact. For a registered trademark that has not been used for three consecutive years, any unit or individual may apply for its revocation. Therefore, even if a long-idle trademark has been renewed, it may still be revoked due to non-use. It is recommended to organize and preserve evidence of use, and if necessary, maintain rights through proper use. Cases vary greatly in terms of evidence form, liability ratios, and procedural deadlines. Relevant requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communications, and service delivery to avoid the outcome being affected by insufficient evidence or the expiration of deadlines. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q5: How to avoid forgetting to renew again?

A trademark ledger should be established to record the registration number, category, exclusive right period, and renewal time, and set up expiration reminders; it should be clearly specified that internal staff or entrusted agencies are responsible for monitoring; when the company changes its name, relocates, or changes its agent, the contact information should be updated in time to ensure that the renewal notifications can be received promptly. Cases vary greatly in terms of evidence form, responsibility proportion, and procedural nodes, and related requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communication, and service delivery to avoid affecting the outcome due to insufficient evidence or the expiration of time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

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·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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 a dispute arises, please consult a practicing lawyer in a timely manner.