Renewing a registered trademark

Under Article 40 of the Trademark Law and Article 33 of the Implementing Regulations, a registered trademark is valid for ten years. A registrant who needs to keep using the mark after the term expires shall complete renewal as required in the twelve months before expiry. If it cannot do so in that period, a six-month grace period may be granted. Each renewal is valid for ten years from the day after the previous term expires. If renewal is not completed by the end of that period, the registration is cancelled.

A renewal may be filed in the following ways:

(1) The applicant files electronically on its own.

File through the trademark online service system. See the "Online Application" section of the China Trademark Website for how to submit. System address: https://sbj.cnipa.gov.cn/trademark-apply

(2) The applicant may file at the following places:

1. A trademark service window that handles this kind of filing.

For addresses and contact details, see the "Local Trademark Service Window Information Table" in the "Trademark Application Guide" or "FAQ" section of the China Trademark Website.

2. A Trademark Examination Cooperation Center set up by CNIPA outside Beijing.

For addresses and contact details, see the same information table in the "Trademark Application Guide" or "FAQ" section of the China Trademark Website.

3. The CNIPA Trademark Registration Hall.

Address: No. 1 Chamanan Street, Xicheng District, Beijing. Postal code: 100055.

Office hours: 8:30-11:30 and 13:30-16:30.

Enquiries: 010-63218500.

(3) The applicant appoints a trademark agency recorded with CNIPA.

The Trademark Renewal Application Form (《商标续展注册申请书》).

(1) Prepare the application documents

1. The documents to submit are:

(i) the Trademark Renewal Application Form;

(ii) a copy of the applicant's identity document, sealed or signed by the applicant (such as a company's business license copy, or a natural person's identity card, Hong Kong and Macao resident residence permit, Taiwan resident residence permit, or passport);

(iii) a trademark agency power of attorney, if an agency is appointed; and

(iv) a Chinese translation of any application document in a foreign language, sealed or signed by the applicant, the agency, or a translation organization.

2. Specific instructions

(i) Complete the form as it requires; it must be typed or printed. A natural person shall write their identity document number after their name, and a foreign natural person their passport number, except in an electronic application.

(ii) A jointly owned mark is renewed in the name of the representative.

(iii) Under Article 36 of the Trademark Law, where an opposed mark is registered after the opposition is found unfounded, the applicant's exclusive right runs from the end of the three months after preliminary approval was published. The term of a mark registered through opposition or review of a refusal to register therefore runs from that same date.

(iv) "Applicant's Undertaking" field: the applicant should read the undertaking carefully before filing. Filing is treated as accepting it.

(2) Pay the official fee

If the conditions are met, CNIPA sends the applicant a payment notice. A renewal is not accepted if the fee is not paid as required. Renewal is charged per class, and a renewal filed in the grace period also carries a late fee. For the fees, see https://sbj.cnipa.gov.cn/sfbz/index.html

1. If a domestic applicant files a paper renewal on its own and gives a contact address in the "Domestic Applicant Contact Address" field, CNIPA sends documents about the renewal to that address. If none is given, they go to the address in the applicant address field.

2. After approving the renewal, CNIPA issues a certificate of renewal. If it does not approve, it issues a Notice of Non-Approval (《不予核准通知书》).

3. If a renewal needs correction, CNIPA sends a correction notice with a deadline. An applicant who does not make the correction as required by the deadline is treated as giving up the chance to correct.

4. The class on the renewal form follows the international classification class approved on the registration certificate.

5. A renewal may be withdrawn before CNIPA approves it.

This content was revised in March 2023. If it later changes, or differs from what staff require in practice, the staff's requirements prevail.