[Direct answer]In the Beijing area, the validity period of a registered trademark is ten years, starting from the date of approval for registration. According to Article 39 of the Trademark Law of the People's Republic of China, the validity period of a registered trademark is ten years; Article 40 clearly stipulates that if the trademark registrant needs to continue using the trademark after the expiration of the validity period, he/she shall go through the renewal formalities within twelve months before the expiration of the validity period, and the validity period of each renewal registration shall still be ten years. If the renewal formalities are not completed within the time limit, there is a six-month grace period for making up for it. It is recommended that enterprises establish a trademark ledger and set up renewal reminders to avoid the termination of rights due to negligence. For more details, please refer toIntellectual property protection and corporate legal services.

I. Problem background and typical scenarios

A trademark is a company's core asset, but many rights holders only focus on registration and neglect term management. Typical scenarios include: startups registering a trademark but not using it or renewing it for years, only to have it revoked or preemptively registered by others; multiple trademarks under a group scattered across different entities, missing the unified renewal window; trademarks about to expire but not receiving official notifications due to address changes, resulting in oversights; and confusing trademark validity periods with copyright and patent terms, mistakenly believing that "once registered, it's valid forever". Many tech and cultural enterprises in Beijing have encountered pitfalls due to their large number of trademark portfolios and lax management. Relevant enterprises can improve their compliance by adopting the following measures:Business and contract dispute services for enterprisesCoordinate and plan everything in an organized and efficient way to ensure that all tasks are completed on schedule and without any problems.

II. Key points of contention

There are three main points of contention. Firstly, the starting and expiration dates: The validity period begins from the date of the approval notice for registration, and the expiration date corresponds to the same day ten years later. The renewal window and grace period are all calculated based on this date. Secondly, the boundaries between renewal and grace period: During the grace period, it is still possible to complete the procedures, but additional fees may be charged. If the procedures are not completed after the grace period expires, the trademark will be deregistered and cannot be restored. Thirdly, the risk of rights interruption: After deregistration, if others register or file for cancellation, the original rights holder will have difficulty asserting their rights. For issues involving the clarification of trademark ownership, please refer to the relevant guidelines.Special services and other case-related servicesEvaluate the layout.

III. Professional analysis by Henglue Lawyers

Based on a trademark infringement and unfair competition dispute handled by Attorney Liu Yuanyuan of Beijing Henglue Law Firm, we can see the practical difficulties of trademark disputes. The plaintiff, Company A, is a well-known paper industry company. Its "EFGH" trademark was approved for use in Category 5 sanitary napkins and was recognized as a well-known trademark by courts and administrative authorities in multiple regions. The defendant, Company B, obtained authorization from a third party in September 2023 to use the "EFGK" registered trademark and design patent to produce and sell "EFGK" sanitary napkins, which were sold on e-commerce platforms. In April 2024, Company A sued, alleging that "EFGK" imitated its well-known trademark and caused confusion in packaging design, demanding compensation of 980,000 yuan. Attorney Liu Yuanyuan argued on behalf of the defendant that: "EFGK" originated from a legally registered trademark and authorized use, and the suffix "GK" differed significantly from "GH", which could be easily distinguished by the general public; the packaging design originated from a design patent and did not constitute "packaging design with certain influence"; and the defendant's authorization period was short, production volume was low, and pricing was low, so the infringement circumstances were insufficient to support the claim of 980,000 yuan. The court partially accepted the argument, finding trademark infringement but rejecting unfair competition, and awarded economic compensation of 50,000 yuan and reasonable expenses of 10,000 yuan, totaling 60,000 yuan, a reduction of more than 920,000 yuan from the original claim of 980,000 yuan. This case was handled 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

The legal basis is Article 39 (with a validity period of ten years) and Article 40 (regarding the renewal and grace period) of the Trademark Law of the People's Republic of China (amended for the fourth time on April 23, 2019), as well as the provisions on renewal applications and fees in the Implementing Regulations of the Trademark Law. Practical suggestions include: establishing an expiration warning system after registration and initiating renewal procedures twelve months in advance; ensuring the validity of the registration address and contact information to receive official documents in a timely manner; conducting defensive registrations and monitoring for core trademarks; and evaluating the path of preemptive registration revocation or new applications as soon as possible after a rights interruption. For multi-category product protection, it may be combined with other measures.Intellectual property protection and corporate legal servicesDo portfolio management.

5. Henglu Law Firm's Reminder

The trademark registration renewal every ten years is a hard rule. Neglecting it will result in the loss of rights. It is recommended to appoint a dedicated person or set up a system account, and prepare the materials ten months before the expiration date. Address changes must be synchronized with trademark registration to prevent documents from being missed. The grace period is the last remedy, so don't take chances. If someone else has registered a similar logo for the same type of products, you should raise objections or request invalidation as soon as possible to prevent them from gaining an advantage. If you need professional support, you can seek help from a professional agency.Special services and other case servicesDevelop a trademark management and protection plan.

VI. Frequently Asked Questions

Q1: When does the validity period of a registered trademark start, and how long can it be protected for?

According to Article 39 of the Trademark Law, the validity period starts from the date of approval for registration and lasts for a full ten years. The date of approval for registration is determined by the announcement of approval for registration issued by the Trademark Office, rather than the date of submission of the application. Renewal can be applied for within twelve months before the expiration of the ten-year period, and each renewal will extend the validity by another ten years. There is no limit to the number of renewals, and in theory, the rights can be maintained permanently. Whether the rights are stable depends on whether the renewal is carried out on time and whether they are revoked due to non-use for three consecutive years, rather than being maintained indefinitely after registration.

Q2: The trademark is about to expire. When is the latest deadline for renewal?

The registration can be processed within twelve months before the expiration date; if missed, there is a six-month grace period (i.e., within six months after the expiration date) to re-register, but the grace period usually requires paying an additional late fee. If the renewal is not filed within the grace period, the trademark will be cancelled and cannot be restored. Therefore, it is advisable to start the renewal process twelve months in advance to allow time for corrections and payment. It is best not to wait until the last moment of the grace period to avoid losing rights due to system or payment delays.

Q3: How much does it cost to renew a trademark, and what are the consequences of not renewing it?

The renewal fees are charged by the official according to the category and the number of applications. The specific standards shall be subject to the announcement of the Trademark Office. If you entrust an agency to handle the renewal, the service fee will be negotiated based on the workload. The direct consequence of not renewing the trademark is that the trademark right will be terminated after expiration, and others can apply for the same or similar trademarks on the same or similar products. The original right holder will lose the exclusive right and the basis for protecting their rights. If the trademark already has a certain reputation, the loss will often far exceed the cost of renewal. It is recommended to regard renewal as a low-cost way to protect rights rather than a way to save expenses.

Q4: If I forget to renew my trademark when it expires, how long will it take for it to be cancelled?

If the trademark owner fails to renew the registration within the grace period (six months after the expiration date), the Trademark Office will cancel the registration. After the cancellation, the exclusive right to use the trademark will terminate and generally cannot be restored. Within one year after the cancellation, the Trademark Office may still restrain applications for identical or similar trademarks, but the original rights holder does not automatically retain priority. If you find that the grace period has just passed, you should immediately verify whether there are still remedial procedures; if the trademark has been cancelled for a long time, you can only reapply and prevent others from registering the trademark. The time window is measured in months, so it's not advisable to delay it.

Q5: If someone files a revocation or objection against my trademark before it expires, what should I do?

If the trademark is about to expire and someone files a revocation request on the grounds of "non-use for three consecutive years", etc., you should actively submit evidence of use (contracts, invoices, packaging, advertisements) to prove its actual use. If there are objections, you should submit a defense and evidence of coexistence or differentiation within the legal time limit. At the same time, start the renewal process in parallel, and the two processes are not mutually substitutable. If the evidence is weak, you can supplement it with license agreements, exhibition records, and e-commerce sales records. It is recommended to conduct a trademark health check in advance, use or dispose of idle trademarks as soon as possible, and hire a lawyer to respond to disputes in a timely manner.

The above content is based on the judicial practice 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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limits. →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 public 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.