1. Is it infringement to use the original trademark after the trademark expires? If there is no explicit stipulation in the trademark license agreement that the agreement will be automatically renewed after its expiration, it is an infringement to continue to use the trademark after its expiration. The trademark owner may require the user to pay the license fee payable for the overdue use, and may also hold the other party responsible for trademark infringement. 1. The period of validity of a registered trademark is ten years, counting from the date of approval of registration. After the trademark expires, it needs to be renewed. If it is not renewed, the trademark will be invalid. 2. If a registered trademark needs to be used continuously after its expiration, the trademark registrant shall go through the renewal procedures in accordance with the provisions within 12 months before the expiration; If it fails to be handled during this period, a six-month extension period may be granted. The validity period of each renewal registration is ten years, counting from the day after the last expiration of the trademark. If the renewal formalities are not completed at the expiration of the period, the registered trademark shall be cancelled. The Trademark Office shall announce the renewed registered trademark.
2. How to register a trademark 1. Application and application agency (1) Foreigners who apply for trademark registration in China shall entrust an organization recognized by the state with the qualification of trademark agency, that is, the compulsory agency system shall be implemented. (2) Without authorization, the agent or representative will register the trademarks of the principal and the representative in his own name. If the latter objects, it will not be registered and the use will be prohibited. 2. If the Trademark Office considers it necessary to make corrections to the documents or procedures after acceptance, it shall be limited to make corrections within 3 days from the date of receipt of the notice. If it fails to make corrections within the time limit, it shall be deemed as giving up the application. 3. Preliminary Examination The Trademark Office shall complete the examination of the trademark applied for registration within 9 months from the date of receiving the application documents for trademark registration, and make a preliminary examination and announcement if it meets the relevant provisions of this Law; If the preliminary examination and approval conflicts with the prior rights of others or is unqualified, the application shall be rejected and not announced. 4. Any person may object to the trademark after the preliminary examination within 3 months from the date of announcement; If there is no objection at the expiration of the announcement period, the Trademark Office shall approve the registration. If there is any objection, the Trademark Office shall listen to the objector and the objector to state the facts and reasons and make a ruling. 5. Remedies Any person who refuses to accept the decision made by the Trademark Office to reject the application or not to make an announcement, or who refuses to accept the ruling made by the Trademark Office on objections, may apply to the Trademark Review and Adjudication Board for reexamination within 15 days after receiving the notice. Anyone who refuses to accept the review decision may bring an administrative lawsuit to the court within 3 days from the date of receiving the notice. If one of the opposing parties files a lawsuit, the other party may participate in the lawsuit as a third party. To sum up, after the trademark expires, it means that the trademark is no longer protected by law. If the parties continue to use it, it will easily lead to infringement, thus causing their own interests to suffer losses. Therefore, the trademark owner must renew it within the specified time, so that it will continue to be legally protected.