Have you renewed your trademark?
After one and half years, our client’s trademark is finally grantedby the Trademark Office in Beijing.
He asked me: “Do you have any guidance on requirements for usage and requirements for ongoing maintenance?”
Good question. It occurs to methat it’s something important for people to know about, after they tried so hard to get the trademark certificate.
Generally, owners of the trademark are entitled to use it in their products, package or marketing materials of their products. They are also entitled to use it in AD, exhibition or other commercial activities.
However, according to trademark law of PRC:
The term for a trademark is ten years commencing from the day the trademark is granted. If the owner wants to renew it, they must file his/her application of renewal within twelve month before expiration. He/she will havea six months grace period after the expiration date. However, after the grace period, he/she will lose the trademark forever if no application for renewal isfiled.
Besides, if the owner doesn't use his/hertrademark for three years consecutively, his/her trademark will face the riskof being revoked by Trademark Office.
It’s not easy for a trademark to be granted in China, given the huge amount of trademark applications the bureau sees each day. To some clients this seems to be a never-ending waiting. So please pay attention to the ongoingmaintenance of this precious certificate!
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