Trademark Office: Apply for renewal of registered trademark


Release Time:

2023-03-31

Ⅰ. Legal basis and application conditions

According to Article 40 of the Trademark Law and Article 33 of the "Regulations on the Implementation of the Trademark Law", the validity period of a registered trademark is ten years. If a registered trademark needs to be continued to be used after its validity period expires, the renewal procedures should be completed in accordance with the regulations within twelve months before expiration; if it cannot be processed during this period, a six-month extension period can be given. Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled.

. Processing methods

There are the following ways to apply for renewal of a registered trademark:

(1) Applicants submit electronic applications by themselves.

Submit an application through the trademark online service system. For details on the submission method, please see the “Online Application” column of the China Trademark Network. Trademark online service system website: https://sbj.cnipa.gov.cn/sbj/wssq/ 

 (2) Applicants can apply at the following locations:

1. Go to the trademark business acceptance window that carries out relevant acceptance business.

For specific addresses and contact information, please refer to the "Local Trademark Business Acceptance Window Information Table" in the "Trademark Application Guide" column or the "FAQ" column of the China Trademark Network.

2. Go to the Trademark Examination Collaboration Center established outside Beijing by the State Intellectual Property Office.

For specific addresses and contact information, please refer to the "Local Trademark Business Acceptance Window Information Table" in the "Trademark Application Guide" column or the "FAQ" column of the China Trademark Network.

3. Go to the Trademark Registration Hall of the State Intellectual Property Office to apply.

Office address: No. 1, Chama South Street, Xicheng District, Beijing Postcode: 100055

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

Consultation hotline: 010-63218500

(3) Entrust a trademark agency registered with the State Intellectual Property Office to handle the matter.

. Document Format

"Application Form for Trademark Renewal Registration"

. Application materials and processing procedures

❶ Preparing application documents

1. The application documents that should be submitted are:

(1) "Application for Trademark Registration Renewal"

(2) Copy of the identity document confirmed by the applicant’s seal or signature (such as a copy of the enterprise’s business license, natural person’s ID card/residence permit for Hong Kong and Macao residents/residence permit for Taiwan residents/passport, etc.)

(3) If entrusting a trademark agency to handle the matter, submit a trademark agency power of attorney.

(4) If the application documents are in a foreign language, a Chinese translation should also be attached. The Chinese translation should be signed and confirmed by the applicant, agency or translation agency.

2. Specific instructions

(1) Fill in the application form one by one according to the requirements, and it must be typed or printed. If the applicant is a natural person, the ID number should be filled in after the name, and if the applicant is a foreign natural person, the passport number should be filled in, except for electronic applications.

(2) If the trademark applied for renewal is a jointly owned trademark, the application should be submitted in the name of the representative.

(3) According to the provisions of Article 36 of the Trademark Law, if the objection is determined to be untenable and the trademark is approved for registration, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be the expiration of the three-month period from the preliminary announcement. Starting from calculation. Therefore, the validity period of a trademark approved for registration after objection or non-registration review procedures will be calculated from the expiration date of three months from the initial announcement.

(4) "Applicant Commitment" column: Applicants should carefully read the applicant's commitment before submitting the application. Once the application is submitted, the applicant is deemed to have accepted the commitment content.

❷ Payment of trademark fees

If the conditions are met, the State Intellectual Property Office will issue a payment notice to the applicant. If the applicant fails to pay the trademark fees as required, his application for renewal will not be accepted. Renewal applications are charged based on category. If an application for renewal registration is submitted during the extension period, a delay fee will be required. For specific charging standards, please see: https://sbj.cnipa.gov.cn/sbj/sbsq/sfbz/

. Things to note

1. If the domestic applicant applies for the renewal directly on paper, if the contact address is filled in the "Domestic Applicant Contact Address" column of the application form, various documents from the State Intellectual Property Office regarding this renewal application will be delivered to This address; if the contact address is not filled in, it will be delivered to the address filled in the address column of the applicant.

2. After the renewal application is approved, the applicant will be issued a renewal certificate. If the application is not approved, the State Intellectual Property Office will issue a "Notice of Disapproval".

3. If the renewal application requires corrections, the State Intellectual Property Office will issue a notice of correction to the applicant and require the applicant to make corrections within a time limit. If the applicant fails to make corrections as required within the prescribed time limit, it will be deemed to have given up the opportunity to make corrections.

4. The category of the renewal application should be filled in according to the international classification category approved by the "Trademark Registration Certificate".

5. The renewal application can be withdrawn before it is approved by the State Intellectual Property Office.

The above content was revised in March 2023. If there are changes in the future, or if it is inconsistent with the requirements of the staff during the processing, the requirements of the staff should prevail.

 

For more questions related to intellectual property rights, please scan the QR code to consult Shenzhen Shenzhen Credible, and we will answer all your questions!

 

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