[Direct answer]In the Beijing area, there is still a chance to remedy the situation if a trademark renewal expires. According to Article 40 of the Trademark Law of the People's Republic of China, if the renewal is not completed within six months after the expiration date, the applicant may complete the renewal procedures within the grace period, and the rights obtained during the grace period will be continuously calculated. However, if the renewal is still not completed after the grace period expires, the trademark will be cancelled and cannot be restored. Therefore, "expiration" does not mean "no hope", the key is whether it is still within the six-month grace period. It is recommended to immediately check the expiration date and the deadline of the grace period, and complete the renewal as soon as possible. For more details, please refer to the official website.Intellectual property protection and corporate legal services.

I. Problem background and typical scenarios

In practice, trademark expiration and non-renewal occur frequently. Typical scenarios include: the company's responsible person leaving office and failing to hand over relevant materials; the registration address changing but not receiving official notification; delays in payment due to budgetary constraints; and failing to manage multiple trademarks properly. What's more troublesome is that once a trademark enters the "expiration-grace period-cancellation" process, it is often targeted by competitors or trademark hoarders for preemptive registration. By the time the original rights holder realizes this, their rights have already been jeopardized. Many well-known brands and technology companies in Beijing have neglected to maintain their defensive trademarks registered in the early stage, falling into this predicament. Related ownership disputes can be resolved through legal means.Business and contract dispute resolution services for enterprisesEvaluation.

II. Key points of dispute

There are three main points of contention. Firstly, the determination of the grace period: It starts from the day after the expiration date, and the starting point is the date of approval for registration. Any delay of one day will result in the cancellation of the registration. Secondly, remedies after cancellation: The cancellation is irreversible, and the applicant must reapply from scratch, facing the obstacle of others having already preemptively registered the trademark. Thirdly, combating preemptive registration: If the trademark is registered during the expired grace period, the original rights holder needs to prove their prior use and reputation to reclaim the trademark through objection or invalidation procedures, which imposes a high burden of proof. For those involved in trademark planning, they may refer to the relevant provisions for guidance.Special services and other case-related servicesCoordination.

III. Professional analysis by Henglue Lawyers

Combined with a trademark infringement and unfair competition dispute handled by Attorney Liu Yuanyuan of Beijing Henglue Law Firm, we can see the practical confrontation of the boundaries of trademark rights. The plaintiff, Company A, is a well-known paper industry. Its "EFGH" trademark is approved for use in sanitary napkins of Category 5. It has been recognized as a well-known trademark by courts and administrative authorities in multiple regions. The defendant, Company B, obtained authorization from a third party to use the "EFGK" registered trademark and design patent in September 2023, and produced and sold "EFGK" sanitary napkins through e-commerce platforms. Company A sued in April 2024, alleging that "EFGK" imitated the well-known trademark and caused packaging and decoration confusion, 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". The relevant public could distinguish them overall, and it was not easy to confuse them. The packaging and decoration originated from a design patent and did not constitute "packaging and decoration with certain influence". Moreover, the defendant's authorization period was short, production volume was low, and pricing was low, so the infringement circumstances were not sufficient to support the claim of 980,000 yuan. The court partially accepted the argument, finding trademark infringement but rejecting unfair competition, and awarded compensation of 60,000 yuan (including 50,000 yuan for economic losses and 10,000 yuan for reasonable expenses), which was reduced by more than 920,000 yuan compared with the original claim of 980,000 yuan. This case was handled by Beijing Henglue 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

The legal basis is Article 40 (Renewal and Six-Month Grace Period) of the Trademark Law of the People's Republic of China (amended for the fourth time on April 23, 2019) and the provisions of the Implementing Regulations of the Trademark Law on renewal applications, fees, and late renewal applications. Practical suggestions: If you find that the renewal period has expired, immediately calculate the deadline for the grace period and handle the renewal within the period; at the same time of renewal, check whether others have applied for similar or identical trademarks, and raise objections if necessary; cancel the trademarks that have expired, and evaluate the two paths of reapplying and declaring invalidity; establish a mechanism linking trademark expiration alerts and address changes. For cases involving preemptive registration disputes, you can combine them with other legal measures.Intellectual property protection and corporate legal servicesAdvance.

5. Henglue Law Firm's Reminder

The grace period is the "last lifeline" for trademark rights, but it is only six months long and cannot be suspended. Action should be taken immediately upon discovering that the deadline has passed, rather than waiting to receive a notice of cancellation. If someone else has already registered the trademark, the earlier you raise an objection or request invalidation, the more proactive you will be. Delays will increase the cost of providing evidence and procedural costs. Enterprises should include trademark renewal in their annual compliance checklist and link it with address changes and personnel handovers. If professional assistance is needed, they can seek help from relevant professionals.Special services and other case servicesDevelop remedial and defensive plans.

VI. Frequently Asked Questions

Q1: Can the trademark renewal still be processed if it has expired? And how long is the grace period for renewal?

It can be done. According to Article 40 of the Trademark Law, if a trademark registration expires and is not renewed, it can be renewed within six months after the expiration (the grace period). The rights to renew during the grace period are continuous and unaffected. The grace period starts from the day after the expiration of the registered trademark and ends six months later. If it is still not renewed by the end of the grace period, it will be cancelled. Therefore, as long as it is within the grace period, the effect will be the same as that of normal renewal; once the grace period is exceeded, the trademark rights will be terminated and cannot be restored, and the trademark will have to be reapplied for.

Q2: If my trademark expires and someone else registers it during that period, can I still get it back?

There's a chance, but evidence is needed. If others register the same or similar trademarks during the period between the expiration of your trademark and its cancellation, you can file an objection or request a declaration of invalidity based on your previous use and reputation, claiming that they registered the trademark maliciously and violated the principle of good faith. However, after the cancellation, the original rights have been terminated, and it's more difficult to recover them than to renew them. You need to provide evidence such as continuous use, advertising campaigns, and sales records. It is recommended to renew the trademark as soon as possible after its expiration to prevent others from registering it. For those who have already registered the trademark, it's important to initiate the objection or invalidation process as soon as possible. Delaying the process will increase the cost.

Q3: Will it cost more to renew a trademark that has expired?

During the grace period, it is usually necessary to pay the renewal fee and the late fee (the specific amount shall be subject to the announcement of the Trademark Office), which is one additional late fee compared with normal renewal; if entrusting an agency, the service fee may also increase due to urgency and remedial measures. Compared with the comprehensive cost of re-registering after the trademark is cancelled, dealing with preemptive registration and invalidation procedures, the cost of renewing during the grace period is extremely low. Therefore, even if it has expired, it is necessary to handle it as soon as possible during the grace period to minimize the losses.

Q4: How long does it usually take to process the renewal application during the grace period?

The review period for renewal is subject to the actual schedule of the Trademark Office, which typically varies from several months to a year. The process for applying for an extension during the grace period is similar to that for normal renewal. The key point is that as long as the application is submitted and the fee is paid successfully before the deadline of the grace period, the application will be accepted, and the rights will be protected during the review period. The application will not be deemed invalid due to the pending review. However, it is not advisable to submit the application at the last moment before the deadline, as delays in payment or system issues may lead to a missed deadline. It is recommended to handle the application in advance and keep the acceptance certificate for future reference.

Q5: The trademark has been deregistered. What should I do first?

First, confirm the reason and timing of the cancellation: If it is due to the expiration of the grace period, the rights cannot be restored and you can only reapply; if it is due to the omission of the address and failure to receive the documents, check whether there are still remedies available. Secondly, search to see if similar products have already been registered with identical or similar trademarks by others, and evaluate the feasibility and obstacles of reapplying. Thirdly, file an objection or request for invalidation against the trademark squatter in accordance with the law, and prepare evidence of previous use and popularity. Fourthly, improve the internal trademark inventory and early warning system to avoid similar omissions in the future. It is recommended to entrust a lawyer to conduct a rights review and path assessment, and proceed with the process systematically.

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 the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, 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 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.