China Trademark Renewal Grace Period: What You Need to Know
Did you know you get a second chance to renew your trademark in China even if you miss the deadline? That’s right! China gives you a 6-month grace period after your trademark expires. However, it comes with extra fees. So, let’s dive in and see what this means for you and your business. First, here’s a quick table with the most important facts you need to know about the China trademark renewal grace period.
| What | Details |
|---|---|
| Grace Period Length | 6 months after your trademark expires |
| Cost (Paper Filing) | 750 CNY (500 CNY regular + 250 CNY late fee) |
| Cost (E-Filing) | 675 CNY (450 CNY regular + 225 CNY late fee) |
| Legal Rule | Article 38 of the Trademark Law |
| Why It Matters | Keeps your brand safe without starting over |
This table gives you the key info upfront. Now, let’s break it down step by step so you understand everything about the China trademark renewal grace period. Whether you’re a business owner or just curious, we’ve got you covered!
What Is the China Trademark Renewal Grace Period?
A Simple Definition
The China trademark renewal grace period is like a safety net. Normally, your trademark in China lasts for 10 years. But if you forget to renew it before it expires, you get an extra 6 months to do it. Pretty cool, right? However, you’ll have to pay more money during this time.
Why It’s a Big Deal
Think of your trademark as a shield for your brand. It stops others from using your name or logo. In China, if you don’t renew on time, you could lose that shield. The grace period gives you a chance to keep it without starting from scratch. Plus, China has a “first-to-file” system. This means whoever files a trademark first owns it. So, if you miss out, someone else might take your brand!
How Yucheng IP Law Can Help
At Yucheng IP Law, we know this can sound tricky. That’s why we offer trademark services to make it easy for you. We’ve helped tons of clients—check out our track record to see how many trademarks we’ve filed! Our team, like Peter H. Li, an expert in IP matters, is here to guide you.
So, the grace period is your backup plan. Next, let’s see exactly how long it lasts.
How Long Does the Grace Period Last?
The Exact Timeframe
The grace period lasts 6 months. It starts the day after your trademark’s 10-year period ends. For example, if your trademark expires on January 1, 2025, you have until July 1, 2025, to renew it. Simple as that!
What the Law Says
This rule comes from a big law in China called the Trademark Law. Specifically, Article 38 explains it. Here’s the important part in an easy-to-read way:
“Where no application for renewal has been filed within the said period [before expiration], a grace period of six months may be allowed, yet extra fees shall be charged for the delay of renewal.”
— Trademark Law of the People’s Republic of China, Article 38
This law, updated in 2019, makes it clear you get 6 months—but don’t wait too long!
Why Timing Matters
China had 46.1 million active trademarks in 2023, according to the World Intellectual Property Organization (WIPO). That’s a lot of brands! If you miss the grace period, your trademark could be canceled, and someone else might grab it. Our services at Yucheng IP Law can help you stay on track.
Now that you know how long you have, let’s talk about the cost.
How Much Does It Cost to Renew During the Grace Period?
Breaking Down the Fees
Renewing during the grace period costs more than doing it early. Here’s the simple breakdown:
- Paper Filing: 750 CNY total (500 CNY regular fee + 250 CNY late fee)
- E-Filing: 675 CNY total (450 CNY regular fee + 225 CNY late fee)
E-filing saves you a little money because it’s 10% cheaper, as set by the China National Intellectual Property Administration (CNIPA).
Regular vs. Grace Period Costs
Let’s compare to see the difference:
- Before Expiration: 500 CNY (paper) or 450 CNY (e-filing)
- During Grace Period: 750 CNY (paper) or 675 CNY (e-filing)
So, renewing early saves you 225-250 CNY. That’s why we recommend planning ahead! Check out our guide on renewal costs for more details.
Why Fees Go Up
The extra late fee is like a reminder to act fast. It covers the extra work CNIPA does for late renewals. Want to avoid surprises? Our consultation services can help you budget and file correctly. Plus, see what our clients say about us in our testimonials!
Next, we’ll show you how to renew during this grace period.
How to Renew Your Trademark in the Grace Period
Steps to Follow
Renewing your trademark during the China trademark renewal grace period is easy if you know what to do. First, you need to file an application with the China National Intellectual Property Administration (CNIPA). Here’s how it works:
- Get a copy of your trademark registration certificate.
- Fill out the renewal form—online is faster!
- Pay the fee: 750 CNY for paper or 675 CNY for e-filing.
- Submit everything within the 6 months after expiration.
That’s it! The process is the same as renewing early, just with a higher fee.
What You Need
Besides the form and fee, you might need a Power of Attorney (POA) if someone like Yucheng IP Law files for you. We make sure all papers are ready so you don’t stress. Want to know more? Our guide on filing trademarks has extra tips!
Why Experts Help
With over 46.1 million trademarks active in China in 2023 (WIPO Indicators 2024), things can get busy at CNIPA. Mistakes happen. Our team, including Tony Xu for litigation support, ensures your renewal goes smoothly. Check our client list to see who trusts us!
Now, what if you miss this grace period? Let’s find out.
What Happens If You Miss the Grace Period?
Your Trademark Gets Canceled
If you don’t renew during the 6-month China trademark renewal grace period, your trademark is gone. The law says it clearly in Article 38:
“If no application has been filed at the expiration of the grace period, the registered trademark shall be cancelled.”
— Trademark Law of the People’s Republic of China, Article 38
This means you lose all rights to your brand name or logo.
A Simple Example
Imagine you own a toy company called “Happy Toys.” Your trademark expires on December 31, 2024, and you forget to renew by June 30, 2025. Someone else can file for “Happy Toys” in July. Since China is “first-to-file,” they’d win, and you’d lose your brand. Scary, right? That’s why timing matters.
Why It’s Risky
China’s trademark world is huge—46.1 million active marks in 2023! If you miss the grace period, starting over with a new application might fail if someone else takes your name first. Our litigation support can help if you need to fight back, but it’s better to renew on time.
So, how do you avoid trouble? Here are some tips.
Top Tips to Avoid Mistakes
Common Slip-Ups
People mess up renewals all the time. Here are mistakes to watch out for:
- Forgetting the deadline and missing the grace period.
- Paying the wrong fee (like 500 CNY instead of 750 CNY).
- Not sending all the papers, like the certificate.
Easy Fixes
Luckily, you can avoid these. First, set a phone reminder a year before your trademark expires. Next, use e-filing to save money and time—it’s only 675 CNY! Finally, double-check your fee and papers. Our cost guide breaks it down for you.
Get Help from Pros
Still worried? Let our team at Yucheng IP Law handle it. We’ve filed tons of trademarks—see our numbers! Plus, our 2024 trends post shows how we stay ahead. Don’t risk losing your brand!
Got questions? We’ve got answers next.
Frequently Asked Questions About China Trademark Renewal
Quick Answers You’ll Love
Here are questions people ask a lot, with simple answers:
- What’s the grace period? It’s 6 months after expiration to renew late.
- How long does it last? Exactly 6 months, no more.
- How much are the fees? 750 CNY (paper) or 675 CNY (e-filing).
- Can I renew after it ends? No, you’d have to start over.
- What papers do I need? Certificate, form, and sometimes a POA.
Want more? Check our FAQ page!
Why These Matter
These questions help you plan. Knowing the China trademark renewal grace period saves you stress. Our 2025 guide for foreign companies has even more info!
Next, see why we’re the best choice to help you.
Why Choose Yucheng IP Law for Trademark Renewal?
We’re Experts
At Yucheng IP Law, we know trademarks inside out. Our Peter H. Li is a pro at IP matters, and Tingfei Wang handles patents and disputes. We’ve served tons of clients—see our client list!
Our Awesome Services
We offer trademark services that make renewals a breeze. Plus, our track record shows years of experience and thousands of filings. Clients love us—read their stories!
Ready to Help You
Don’t risk losing your brand. Visit why choose us to learn more, or contact us today!
Conclusion: Protect Your Brand Now
The China trademark renewal grace period gives you 6 months to save your trademark, but it costs more and takes planning. Miss it, and your brand could be gone! With 46.1 million trademarks in China, you can’t wait. At Yucheng IP Law, we make it simple and safe. Ready to renew? Get a quote now or explore our services. Don’t let your brand slip away—act today!
External Link Ideas
- Trademark Law on WIPO Lex – Full legal text.
- Trade Marks Laws 2024-2025 – Industry insights.
- CNIPA Official Site – Fee schedules and updates.
