Understanding the validity of a registered trademark in China is essential for businesses seeking to protect their intellectual property in this vast and competitive market. A registered trademark grants exclusive rights to its owner, but these rights are not indefinite. This article will provide insights into the validity of a registered trademark in China, including the duration of protection, renewal process, and key considerations for maintaining trademark rights.
How Long Our Trademark is Protected in China After Registration?
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When you register a trademark in China, the initial protection period is 10 years from the date of registration approval. This answers the question, how long our trademark is protected in China after registration. This protection period applies to all types of trademarks, including words, logos, colors, and even sound marks. During this period, the trademark owner has exclusive rights to use the mark in connection with the goods or services it was registered for, offering a strong legal basis to prevent unauthorized use or infringement by others.
Validity of a Registered Trademark in China
The validity of a registered trademark in China is crucial for maintaining exclusive rights and protecting brand identity. As mentioned, the initial period of protection is 10 years. However, the trademark’s validity does not end there. The trademark owner can apply for renewal before the expiration date to extend the protection period, ensuring continued ownership and exclusive use. The renewal must be filed within 12 months before the expiry of the initial validity period. If missed, a grace period of six months is allowed with an additional fee, maintaining the validity of a registered trademark in China.
Validity of Trademark in China: Key Points
- Initial Registration: The validity of trademark in China begins upon approval of the trademark registration and lasts for 10 years.
- Renewal Process: To maintain the validity of a registered trademark in China, a renewal application must be filed before the expiration of the current term. Renewals are granted in 10-year increments, allowing indefinite protection as long as renewals are properly managed.
- Grace Period: If the renewal is not filed on time, the trademark owner has a six-month grace period after the expiration date to file the renewal application, albeit with an extra fee.
- Failure to Renew: If a renewal is not filed within the grace period, the validity of China trademark will lapse, and the rights to the trademark will be lost, making it vulnerable to registration by third parties.
Importance of Maintaining China Trademark Validity
Contact ASL for Filing Trademark in China:
Email: [email protected]
WhatsApp/WeChat: (+65) 8749 6692
The validity of a registered trademark in China is not just about securing exclusive rights; it also plays a critical role in brand recognition, consumer trust, and market competitiveness. The renewal process ensures that your brand remains protected over time, allowing continued legal recourse against counterfeiters and infringers. Losing the China trademark validity due to missed renewals can result in a significant loss of market position and brand reputation.
Conclusion
In summary, the validity of a registered trademark in China initially lasts for 10 years, with opportunities for indefinite renewals in subsequent 10-year terms. Ensuring that renewals are filed on time is crucial to maintain how long our trademark is protected in China after registering trademark in China. Understanding the validity of trademark in China and actively managing renewals will help safeguard your brand’s legal standing, maintain its market presence, and protect against unauthorized use. Proper management of the validity of China trademark ensures that your trademark remains a valuable asset in the competitive Chinese market.
Find out about the procedure of trademark application in China.
Contact ASL for Filing Trademark in China:
Email: [email protected]
WhatsApp/WeChat: (+65) 8749 6692
*** After more than 10 years of operation, ASL has been ranked as the top-tier IP Firm for years by Legal500, AsiaLaw, and WTR. We have been well known for OneTouch of IP protection in more than 27 countries with Budget savings from 15-35%. The more clients file trademark, patent, and industrial designs through ASL, the more savings our clients receive.