China trademark renewal and maintenance is of great importance after your mark is registered. Unlike the United States, China does not have an affirmative requirement to prove that a trademark is being used in commerce. You do not have to prove use for a trademark application to proceed to registration. But you have ensure that you are using the mark in actual commerce in the following years after registration. Otherwise, it may be filed cancellation by other parties.
China Trademark Registration Renewal
The registered trademark has the validity of 10 years from the registration date in China. The trademark owner can request to renew the mark within 1 year before the expiration date. If the mark is not renewed in time, the trademark can still be renewed in the grace period of 6 months after the expiration date. If the trademark is still not renewed in the grace period, it will be canceled by the State Intellectual Property Office, irreversibly.
Requirements for trademark renewal in China:
1. The scan copy of trademark owner's identity certificate. Individual requires the personal, while the company requires the company certificate/business license;
2. A scan copy of the trademark registration certificate;
3. Official fee for the trademark renewal.
Trademark Maintenance in China
In accordance with the China Trademark Law, if your mark has be registered for 3 years but it’s not been used, anyone can file the cancellation application on your mark. Likewise, if your trademark is squatting registered by someone else in China and he did not used the mark for 3 consecutive years after the registration, you can raise the cancellation application against it and get the good opportunity to register your mark in your name.
Examples of evidence of use:
The use of trademarks as stipulated in the law refers to the affixation of trademarks to commodities, commodity packaging or containers, as well as commodity exchange documents or the use of trademarks in advertisements, exhibitions, and for other commercial activities, in order to identify the source of the goods.
In practice, the following types of evidence either independently or in combination with others can prove the trademark use:
1. Sales contract, purchase order or invoice;
2. Company brochure, product catalogue, and other promotional material;
3. Advertisement or exhibition record and the related contract or invoice;
4. Store/office lease agreement showing the venue of sales of goods/services using the trademark in China mainland.
Tannet can help you file the trademark application for registration. In addition, we also provide a wide range of post registration services, such as trademark refusal review, response to opposition/invalidity, trademark assignment/transfer, trademark renewal, trademark monitoring, etc.
Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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