[Direct answer]In the Beijing area, trademark renewal can be handled no earlier than 12 months before the expiration of the registered trademark. According to Article 40 of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019), if the registered trademark needs to continue to be used after its expiration, the trademark registrant shall handle the renewal formalities within 12 months before the expiration; if it fails to do so within this period, a grace period of six months may be granted. The validity period of each renewal registration is ten years, calculated from the day following the expiration of the previous validity period of the trademark; if the renewal formalities are not handled within the expiration period, the registered trademark will be cancelled. It is recommended that enterprises arrange for renewal as early as possible before the expiration to avoid the loss of rights. For more details, please refer toIntellectual property protection and corporate legal services.

1. Problem background and typical scenarios

The renewal of a trademark is a fundamental step in maintaining exclusive rights, yet it is often overlooked by businesses. Typical scenarios include: leaving a trademark unused for a long time after it is approved, only remembering to renew it when it's about to expire; failing to update information such as a company's name or address after a change, resulting in renewal notifications not being delivered; having multiple trademarks under the company's name but lacking a management database, allowing individual trademarks to quietly expire; and mistakenly believing that renewal can be delayed indefinitely, only to have the trademark deregistered after missing the grace period and then being registered by others. Many entrepreneurs treat trademarks as one-time assets, neglecting to manage them over a ten-year cycle. Such ownership maintenance can be combined withBusiness and contract dispute services for enterprisesEstablish a management database.

II. Key points of contention

There are three key points of the controversy. Firstly, the time window: the boundary between a 12-month and a 6-month grace period for renewal, and the loss of renewal eligibility if the deadline is exceeded. Secondly, the consistency of the subject: the applicant for renewal must be consistent with the name of the registrant. If the enterprise has changed its name or relocated but failed to handle the change formalities, the application will be stuck in the acceptance stage. Thirdly, the remedies after the loss of rights: if others register the trademark after it has been cancelled, whether the original rights holder can raise objections or request invalidation depends on whether the dispute period is still ongoing and the availability of evidence. For enterprise brand portfolios, relevant guidelines can be referred to for guidance.Attorney Xiong BinrongThe team's compliance experience in corporate legal services.

III. Professional analysis by Hengluo Lawyers

Taking a trademark infringement and unfair competition case handled by Attorney Liu Yuanyuan of our firm as an example, we can see the value of clarifying the boundaries of rights in the full-cycle management of trademarks. The plaintiff, Company A, is a well-known trademark EFGH in the category 5 sanitary napkins field; the defendant, Company B, was authorized by an outsider to use the EFGK trademark and appearance design patent in September 2023 to produce and sell similar products. Company A sued for compensation of 980,000 yuan in April 2024. Company B entrusted Beijing Henglu Law Firm to handle the case.Liu YuanyuanThe lawyer (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acted on behalf of the client, arguing that the defendant had legal authorization, the trademarks were not similar to well-known trademarks, and the high compensation claim was unfounded. The court partially accepted the argument, finding trademark infringement but dismissing the claim of unfair competition, and awarded compensation of 60,000 yuan, a reduction of more than 920,000 yuan from the original claim of 980,000 yuan. This case highlights the importance for trademark rights holders to pay more attention to basic management such as trademark renewal, to ensure the stability of their rights and to resist infringements by others.

IV. Practical suggestions and legal basis

The legal basis is Article 40 of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019) (renewal period, grace period, validity period of ten years, and cancellation after expiration); Article 33 of the Implementing Regulations of the Trademark Law of the People's Republic of China (amended on April 29, 2014 and implemented on May 1, 2014) regarding the specific procedures for renewal applications and grace periods. Practical suggestions: Establish a trademark ledger, initiate renewal one year in advance; handle name and address changes before renewal; complete the required procedures within the grace period to avoid losing the opportunity; and verify and approve the announcement after renewal. For multi-brand matrices, it may be combined with other measures.Business and contract dispute services for enterprisesUnified planning.

5. Hengluo Law Firm's Reminder

Renewal is a key action for low-cost trademark protection. It is essential not to wait until the end of the grace period. Companies should appoint dedicated staff or hire external consultants to manage expiration dates, ensuring that the registrant's name and address match those on record to avoid failed notifications. Once the grace period is missed and the trademark is cancelled, the cost of rebuilding the brand will far exceed that of renewal. For core trademarks, it is recommended to set up multiple reminders and, if necessary, entrust an agency to manage them. For systematic management, relevant tools can be utilized.Special services and other case-related servicesBuild a protective network.

VI. Frequently Asked Questions

Q1: Is trademark renewal always successful, or could it be rejected?

If the application is submitted within the legal time limit and the trademark has not been revoked or subject to any prohibition, the renewal will usually be approved, which is much easier than registering a new trademark. The main risks come from late submission: if the trademark is not renewed within the six-month grace period, it will be revoked, and the applicant will have to reapply from scratch, facing the risk of being preempted by others. Additionally, if the registrant's name or address is inconsistent with the registered information and is not changed in advance, the application may be stalled at the acceptance stage. Therefore, as long as the application is submitted properly within the grace period, the probability of successful renewal is very high.

Q2: What materials are required to apply for trademark renewal?

The core materials include: a trademark registration certificate or registration number, a renewal application, and proof of the applicant's qualifications; if the registrant's name or address has changed, the applicant should first submit a change request and attach relevant proof; if using a proxy, a power of attorney is also required. The materials should ensure that the applicant's information is consistent with the trademark registration book. In practice, the most common problem is inconsistent names and addresses. It is recommended to complete the change first and then submit the renewal application to avoid delays due to repeated corrections and missed deadlines.

Q3: How much does it cost to renew a trademark?

The fee includes the renewal fee charged by the National Trademark Office, the standard of which is announced by the competent authority and is relatively fixed; if you entrust an agency or a law firm, there will be additional service fees, which will depend on the number of trademarks and whether they are in the grace period. The specific fees will be determined by the entrustment contract. The regular fees are usually higher during the grace period. It is recommended to list the official fees and agency fees separately in the budget and handle the renewal as soon as possible to avoid the additional costs during the grace period.

Q4: How long does it usually take from applying for trademark renewal to obtaining approval?

After the Trademark Office accepts the renewal application, it will review it in accordance with the law. In practice, the approval and announcement are usually completed within a few months, subject to the progress of the competent authority. The renewal validity period starts from the day after the expiration of the previous term. After the approval, the exclusive right will be extended for ten years. Since the renewal does not affect the existing ownership, it is recommended to start the process one year before the expiration date, and do not postpone it until the grace period to avoid the possibility of the review or correction taking longer than expected, resulting in a gap in rights protection.

Q5: I want to renew my trademark. What should I do first?

Here are the four steps recommended: 1. Check the Trademark Register to confirm the expiration date and whether the registrant's name and address are accurate. 2. If the name or address has changed, first handle the change before renewing the registration. 3. Submit the renewal application within twelve months before the expiration date, and no later than the six-month grace period. 4. Follow up on the approval announcement and keep the relevant documents. For enterprises with a large number of trademarks, they should establish an expiration tracking system and multiple reminders. When necessary, they may entrust professional agencies to manage the trademarks to ensure that their core brands are not interrupted.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the 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·Attorney Liu Yuanyuan·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.