Article 39 The term of validity of a registered trademark is ten years, counting from the date of approval of registration.

Article 40 Where a registered trademark needs to be used continuously after the expiration of its term of validity, the trademark registrant shall go through the renewal procedures in accordance with the provisions within 12 months before the expiration; If it has not been handled during this period, it can be extended for six months. 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.

Extended data

trademark act

Article 28 The Trademark Office shall, within nine months from the date of receiving the application documents for trademark registration, complete the examination of the trademark applied for registration, and if it meets the relevant provisions of this Law, make a preliminary examination and approval announcement.

Article 29 In the course of examination, if the Trademark Office considers that the contents of the application for trademark registration need to be explained or modified, it may request the applicant to make explanations or modifications. If the applicant does not make explanations or amendments, it will not affect the examination decision of the Trademark Office.

Article 30 Where a trademark applied for registration does not conform to the relevant provisions of this Law or is identical with or similar to a trademark that has been registered or preliminarily approved by others on the same kind of goods or similar goods, the Trademark Office shall reject the application without making an announcement.

Article 31 Where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same commodity or similar commodities, they shall make a preliminary examination of the trademark applied earlier and make an announcement; Where an application is filed on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.

Article 32 An application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of a trademark that has been used by others and has certain influence by unfair means.

Article 33 If, within three months from the date of the announcement of preliminary examination and approval, the prior obligee or interested party considers that the trademark violates the provisions of Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31 and Article 32 of this Law,

Or that it violates the provisions of Article 4, Article 10, Article 11, Article 12 and Paragraph 4 of Article 19 of this Law, it may file an objection with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued and an announcement shall be made.

Article 34 The Trademark Office shall notify the applicant for trademark registration in writing of the trademark whose application is rejected and whose announcement is not made. If the applicant for trademark registration is not satisfied, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the applicant in writing.

There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice.

Article 35 Where an objection is raised to a trademark that has been preliminarily examined and announced, the Trademark Office shall listen to the facts and reasons stated by the objector and the objector, and after investigation and verification, make a decision on whether to approve the registration within 12 months from the date of expiration of the announcement, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council.

Where the Trademark Office approves the registration, it shall issue a trademark registration certificate and make an announcement. If the objector refuses to accept it, he may, in accordance with the provisions of Articles 44 and 45 of this Law, request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

If the trademark office refuses to register, and the objector refuses to accept it, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a reexamination decision within 12 months from the date of receiving the application, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council.

Anyone who refuses to accept the decision of the Trademark Review and Adjudication Board may bring a suit in a people's court within 30 days from the date of receiving the notice. The people's court shall notify the dissenter to participate in the proceedings as a third party.

In the process of reexamination in accordance with the provisions of the preceding paragraph, if the determination of the prior rights involved must be based on the results of another case being tried by the people's court or being handled by the administrative organ, the Trademark Review and Adjudication Board may suspend the examination. After the reasons for suspension are eliminated, the review procedure shall be resumed.