Registering a China trademark is the entry ticket, not the finish line. Three quiet failure modes cost teams the mark they worked to register:

1. Missed Renewal.

In China, once a trademark is successfully registered, it is valid for ten years. After the ten-year period, if the trademark owner wishes to continue enjoying exclusive rights, they must promptly complete the renewal process. Trademark renewal is not only a legal obligation but also an essential part of the trademark owner's brand strategy.

1) Importance of Renewal

Trademark renewal is a crucial step in ensuring the continuation of trademark rights. Missing the renewal deadline puts the trademark at risk of becoming invalid, potentially causing the company to lose control over its core brand. Especially in today's increasingly competitive market, the invalidation of a trademark can provide opportunities for competitors and even lead to the loss of brand value.

2) Renewal Process and Considerations

The process of trademark renewal is relatively straightforward. Companies need only submit a renewal application to the China trademark office within twelve months before the expiry of the trademark's validity and pay the corresponding fees. Alternatively, they can submit the renewal application during the six-month grace period after the expiry and pay the relevant fees. However, in practice, trademark owners should pay attention to the following:

- Timing: Renewal applications should be submitted before the expiration of the trademark's validity or within the grace period to avoid invalidation due to delays.

- Accuracy of Information: The information provided in the renewal application should match the original registration details to prevent renewal failure due to discrepancies.

- Payment of Fees: Renewal fees should be paid on time and in full to avoid any issues affecting the renewal process.

3) Strategic Significance of Renewal

Trademark renewal is not just a legal procedure; it is a continuation of the company's brand strategy. Through renewal, companies can ensure the continued presence of their brand in the market, avoiding brand discontinuity caused by trademark invalidation. Moreover, renewal serves as a reaffirmation of the brand's value and demonstrates the company's commitment to its long-term development.

2. Non-use cancellation.

Where a third party files an application with the China National Intellectual Property Administration (CNIPA) to revoke a trademark registered for three years on the ground of non-use for three consecutive years, CNIPA requires the trademark registrant, within two months upon receipt of the notification, to furnish evidence of use of the registered trademark on the designated goods/services during the three-year period preceding the third party’s filing of the non-use revocation application.

1) Core prerequisites for non-use revocation defense

Evidence must satisfy all five elements concurrently: ① showing the trademark in question; ② use of the trademark on the designated goods/services; ③ user being the registrant or licensee; ④ use occurring within the three-year window prior to the filing of the non-use revocation application; ⑤ commercial and public use within the territory of Chinese mainland, rather than token use. Mere photographs or materials without actual sales records generally cannot stand alone to prove valid use.

2) Types of evidence:

Transaction documents:

l  Sales contracts: specifying product names, the trademark in question and contract execution date;

l  VAT invoices (highest probative value): stating the name of goods/taxable services, with the trademark in question noted in the remarks column;

l  Delivery orders, warehouse-out slips, logistics consignment notes and customs declarations: marked with product names and the trademark;

l  E-commerce transaction records (Tmall / JD / Pinduoduo / 1688, etc.): store page screenshots, product detail pages, orders, transaction snapshots and buyer orders; timestamping or notarization is recommended to preserve webpages against link invalidation;

l  Sales vouchers from offline distributors and physical stores.

Advertising and exhibition evidence:

l  Advertising contracts, advertising invoices and online ad screenshots (short videos, e-commerce paid search ads, official websites) bearing the trademark;

l  Exhibition materials: exhibition participation contracts, booth photos, exhibition brochures and on-site videos; products displayed at the exhibition with the trademark printed on exhibits and promotional materials;

l  Media promotions and product catalogues.

Evidence for commissioned production and licensed use (in cases of OEM or licensed sales):

l  Commissioned processing contracts, manufacturer production documents and processing fee invoices, where the trademark in question is applied to the products;

l  Trademark license contracts and license record-filing documents.

3. No Trademark Monitoring.

Trademark monitoring is another critical aspect of trademark protection. Through monitoring, trademark owners can promptly identify potential trademark infringements and take effective measures to protect their rights. Trademark monitoring is not only a defensive measure but also a proactive brand protection strategy.

1. Necessity of Monitoring

After trademark registration, similar or identical trademarks may appear in the market, potentially causing confusion or dilution of the already registered brand. Trademark monitoring helps trademark owners identify these potential infringements in a timely manner and take legal action to prevent them.

2. Methods and Tools for Monitoring

Trademark monitoring can be conducted through various methods, including:

- Official Announcement Monitoring: Keeping track of trademark office announcements to identify applications for trademarks identical or similar to the registered one.

- Market Monitoring: Using market surveys and online searches to discover potential trademark infringements in the marketplace.

- Third-Party Monitoring Services: Utilizing professional trademark monitoring agencies to obtain comprehensive monitoring reports and alerts.

3. Strategies for Responding to Monitoring

Upon identifying potential trademark infringements, trademark owners should promptly take action, including:

- Filing an Opposition: Opposing trademark applications that are identical or similar to the registered trademark to prevent their registration.

- Administrative Complaints: Filing complaints with market regulatory authorities to address infringement actions.

- Civil Litigation: Initiating court proceedings to demand the infringer cease the infringement and compensate for damages.

By renewing, defending of non-use cancellation and monitoring, trademark owners can build a robust defense for their brand, ensuring its undefeated position in fierce market competition. The long-term validity of a trademark is not only a legal requirement but also the core of brand strategy. Only through continuous attention and diligent maintenance can trademarks, as intangible assets, become an eternal driving force for business development.