Keeping a China Trademark Alive: Renewal, Changes, Assignment and Licence Recordal
A Chinese trademark registration lasts ten years, but keeping it valid takes more than paying the renewal fee once a decade. Renewals have a fixed window, every change of the owner's name or address has to be recorded, and assignments follow rules that surprise foreign owners. This guide covers what has to be filed, when, and what goes wrong if it is not.
Renewal: the window and the grace period
A registration runs for ten years from the registration date, not the filing date. Renewal can be filed in the 12 months before expiry. If that window is missed, a 6-month grace period follows with a late surcharge. After the grace period the registration is cancelled and the mark can only be protected again by a new application, with a new filing date and a new examination.
China does not require proof of use at renewal. The official fee is RMB 500 per class (RMB 450 when filed online), plus a surcharge of RMB 250 per class in the grace period. Madrid designations of China are renewed through WIPO, not CNIPA.
Change of name or address
When the owner changes its company name or registered address, a request to record the change should be filed with CNIPA. Unrecorded changes cause practical problems: official notices go to an address nobody reads, and a mismatch between the owner on the register and the company enforcing the mark weakens complaints to customs, e-commerce platforms and courts. A change of name must be recorded for all of the owner's registrations and pending applications at the same time.
Assignment
An assignment only takes effect when CNIPA approves and publishes it; the contract alone does not transfer the registration. The assignor must assign all of its identical or similar marks on the same or similar goods together. Splitting such a portfolio between two owners is refused because it would mislead consumers. The official fee is RMB 500 per mark (RMB 450 online), and approval typically takes 4 to 6 months.
Licence recordal
A licence does not have to be recorded to be valid between the parties, but an unrecorded licence cannot be asserted against a third party acting in good faith. Recording the licence with CNIPA also helps the licensee prove its right to act when filing complaints with customs or online platforms.
A simple maintenance calendar
- Keep a register of every Chinese registration with its registration date and expiry date.
- Start renewal 12 months before expiry; never rely on the grace period.
- Record name and address changes within weeks of the corporate change, for the whole portfolio at once.
- Before signing an assignment, list all identical and similar marks held by the assignor.
- Keep dated evidence of use every year; a registration unused for three consecutive years is open to cancellation regardless of renewal.
Our guide to responding to a refusal covers the earlier stage of the trademark's life in China.
J&C Intellectual Property Agency (JCIPO), founded in 2008, is a CNIPA-recorded trademark agency and a member of the China Trademark Association. We handle renewals, recordals of change, assignments and licence recordals for foreign and Chinese owners, see our trademark services. Patent filings are handled through an affiliated patent agency.
