Yes After the trademark expires, if the trademark holder fails to renew the trademark within the specified time, it will be registered. The most famous case is that the logo of the National People's Congress was not renewed in time after its expiration, and it was successfully registered by a company in Quanzhou.
Generally, if a trademark applied for registration conflicts with a previously registered trademark, it will be rejected by the Trademark Office. However, if a previously registered trademark is revoked, declared invalid or not renewed upon expiration, there will be a new opportunity to apply for registration, and you can apply for registration of a trademark with the same name and category.
According to Article 50 of the Trademark Law:
Where a registered trademark is revoked, declared invalid or not renewed upon expiration, the Trademark Office shall not approve an application for trademark registration that is the same as or similar to its trademark within 1 year from the date of revocation, invalidation or cancellation.
Hongling Technology also has two suggestions:
1. It is best not to apply for registration within the buffer period after the registered trademark becomes invalid.
If the application is filed too early, the new application will still be rejected by the Trademark Office before the buffer period expires when the Trademark Office conducts substantive examination.
2. Pay attention to distinguish whether the original trademark is not renewed or not registered successfully at all.
If the registration is unsuccessful, there is likely to be the same or similar prior trademarks, which we need to consider carefully when applying.
Hope to adopt ~