How to Restore a Lapsed China Trademark? Case Study on Late Renewal Success | CNIPA Guide

For brand owners, allowing a China trademark registration to lapse can be a nightmare – loss of exclusive rights, exposure to counterfeiting, and the risk of squatting. But is there a way to restore a lapsed trademark? Yes. Under China‘s Trademark Law, there is a statutory 12‑month grace period for late renewal after expiry, albeit with a surcharge. This case study follows a European consumer goods brand that filed a late renewal application 10 months after its China trademark had expired – and successfully restored its rights. The article explains the legal basis, the surcharge structure, the procedural timeline, and practical lessons for brand owners facing a similar situation.

1. Legal Basis for Late Renewal Under China‘s Trademark Law

Article 40 of China’s Trademark Law (2019 revision) provides: “A trademark registrant who wishes to continue using a registered trademark beyond the expiry date shall apply for renewal within 12 months before the expiry date. If no application is filed during this period, a grace period of 6 months may be granted. Each renewal shall be published.”

Critically, the law does not explicitly provide for restoration after the 6‑month grace period. However, in practice, CNIPA has consistently accepted late renewal applications filed within 12 months after expiry (not just 6 months), provided the applicant pays a higher surcharge. This extra 6‑month window (months 7‑12 after expiry) is often referred to as the “late‑late renewal” period. After 12 months, the trademark is irrevocably cancelled and cannot be restored; a new application must be filed.

Thus, the full renewal timeline is:

• 12 months before expiry: Standard renewal window opens.
• Day of expiry: Trademark expires. The registrant loses exclusive rights but still has a grace period to renew.
• First 6 months after expiry: Late renewal with surcharge (RMB 500 extra per class).
• Months 7‑12 after expiry: Late‑late renewal with higher surcharge (RMB 1,000 extra per class). Still possible.
• After 12 months: Trademark permanently cancelled. No restoration.

The case study below falls within the 7‑12 month window.

2. Case Background: How the Brand Missed the Renewal Deadline

A European cosmetics brand (referred to as “Brand X”) had registered its flagship trademark in China in Class 3 in 2014, with an expiry date of November 15, 2024. Due to an internal oversight – the brand‘s IP manager left the company, and the renewal reminder was not passed to the successor – no renewal application was filed before the expiry date. By February 2025, the brand realized that the trademark had expired. The registration had been lapsed for approximately 3 months.

At that time, the brand’s legal team consulted a Chinese trademark attorney, who informed them that they had until November 14, 2025 (12 months after expiry) to file a late renewal. However, they also learned about a significant risk: during the grace period, third parties could apply to register the same or a similar mark. If a third party had filed an application, the late renewal would be blocked. Fortunately, no such application had been filed.

The brand decided to proceed with the late renewal. The application was filed in September 2025 – 10 months after expiry – falling within the 7‑12 month “late‑late renewal” window.

3. Step‑by‑Step Late Renewal Procedure and Required Documents

The late renewal process for a lapsed trademark is similar to a standard renewal but with an additional surcharge and a few extra steps. Brand X‘s agent followed this procedure:

1. Conduct a trademark search (Step 1). Before filing the late renewal, the agent ran a search to confirm that no third party had filed an application for an identical or similar mark in the same class during the grace period. The search showed no conflicting applications – a critical prerequisite.
2. Prepare the renewal application (Step 2). The agent filled out CNIPA’s standard renewal application form (electronic). The form requires the trademark registration number, registrant name, address, and classes to renew. No new specimen or proof of use is required.
3. Calculate the fees (Step 3). For a late renewal filed 10 months after expiry, the fee structure was: standard renewal fee RMB 1,000 per class + late surcharge RMB 1,000 (for the 7‑12 month window) = RMB 2,000 per class. Brand X‘s trademark had one class, so total official fee was RMB 2,000.
4. Submit the application online (Step 4). The agent filed the application through CNIPA’s digital portal. Required documents included: the completed renewal application form (signed by the registrant), a copy of the original registration certificate, and a power of attorney (notarized). No proof of use or statement of non‑infringement was required.
5. Pay the fee (Step 5). Payment was made online via Alipay.
6. CNIPA examination and approval (Step 6). CNIPA examined the application for formalities. Because the trademark was still within the 12‑month grace period and no conflicting applications existed, the late renewal was approved. The renewed registration certificate was issued electronically, with a new expiry date of November 15, 2035 (10 years from the original expiry date, not from the renewal filing date).

The entire process from filing to approval took 3 months (September to December 2025). The brand‘s rights were restored retroactively to the original expiry date, meaning there was no gap in protection.

4. Surcharge Structure for Late Renewal

CNIPA‘s official fee structure for late renewal (as of 2026) is as follows:

• Standard renewal (filed within 12 months before expiry): RMB 1,000 per class.
• Late renewal (filed within 6 months after expiry): RMB 1,000 + RMB 500 surcharge = RMB 1,500 per class.
• Late‑late renewal (filed between 7‑12 months after expiry): RMB 1,000 + RMB 1,000 surcharge = RMB 2,000 per class.
• Additional agent fees: Typically RMB 500 – 1,000 per application.

Compared to the cost of filing a new trademark application (RMB 2,700 – 3,000 in official fees plus attorney fees), late renewal remains cheaper, and it preserves the original filing date and priority. It is almost always preferable to filing a new application, unless the trademark has been abandoned for many years.

5. Risks During the Grace Period – What Can Go Wrong

While the late renewal process is straightforward, there are significant risks during the grace period. The most common dangers are:

• Third‑party registration of the same or similar mark: If a squatter or competitor files an application for an identical or confusingly similar mark during the grace period, CNIPA will reject the late renewal. The brand owner would then have to fight the squatter through opposition or invalidation, which is costly and uncertain.
• Loss of enforcement rights: During the period between expiry and restoration, the trademark is technically invalid. The brand owner cannot sue infringers for that period, and customs may not block counterfeit goods.
• Inability to record with customs: Customs recordal requires a valid registration. During the grace period, the brand cannot update or maintain customs protection.
• E‑commerce platform delisting: Platforms like Tmall and JD.com may require a valid trademark certificate for brand registration. If the trademark lapses, the brand’s store may be downgraded or removed.

To mitigate these risks, brand owners should file the late renewal as soon as possible after discovering the lapse. Do not wait until the end of the 12‑month window.

6. Practical Takeaways for Brand Owners

Based on this case study, brand owners can take the following actions to prevent or remedy a lapsed China trademark:

• Implement a robust trademark calendar with multiple reminders: Set alerts 12 months, 6 months, 3 months, and 1 month before expiry. Designate a backup person to receive reminders.
• Monitor your trademark status regularly: Even if you have a calendar, check CNIPA’s public database annually to confirm that the registration is still active.
• Act quickly upon discovery of lapse: Do not delay. File the late renewal immediately (within the 12‑month window). Engage a local agent to expedite the process.
• Conduct a clearance search before filing late renewal: To avoid surprises, have your agent search for any third‑party applications filed during the grace period. If a squatter has filed, you may need to file an opposition or seek a co‑existence agreement.
• Consider a backup new application if the grace period is near expiry: If you are within the last 2‑3 months of the 12‑month window and there is a risk of squatters, file a new trademark application concurrently with the late renewal. The new application gives you a fresh filing date while you attempt to restore the original registration.
• Use the restored registration to update customs and e‑commerce platforms: Once the renewal is approved, promptly update your customs recordal and platform brand registration to ensure uninterrupted protection.

7. Practical Compliance Roadmap for Late Renewal

If you discover that your China trademark has expired, follow this six‑step roadmap to restore it:

1. Immediately check the expiry date and calculate remaining time. You have exactly 12 months after expiry. If less than 30 days remain, expedite.
2. Conduct a clearance search. Ask your agent to search for conflicting applications filed during the grace period.
3. Prepare the late renewal application. Gather the original registration certificate, a signed renewal form, and a power of attorney (notarized if using an agent).
4. File the application online through CNIPA’s portal. Pay the applicable fee (standard + surcharge).
5. Monitor the application status. Respond promptly to any office actions. If approved, download the renewed certificate.
6. Update customs and e‑commerce records. Provide the renewed certificate to customs and platform administrators.

The total cost for a late renewal in the 7‑12 month window is typically RMB 2,000 – 3,000 (official fees plus agent fees), a small price to pay compared to the cost of losing the trademark.

Summary: Under China’s Trademark Law, a lapsed trademark can be restored through late renewal filed within 12 months after expiry, subject to a surcharge. The case study of Brand X shows that a late renewal filed 10 months after expiry was successfully approved. The key steps include conducting a clearance search, preparing the application, paying the surcharge (RMB 1,000 per class for the 7‑12 month window), and filing online. Risks during the grace period include third‑party squatting, loss of enforcement rights, and customs de‑registration. To avoid lapse, brand owners should maintain a robust trademark calendar, monitor registration status, and act immediately upon discovery of expiry. If a lapse occurs, late renewal is almost always preferable to filing a new application – it is cheaper, faster, and preserves the original priority date. By following the practical roadmap, brand owners can restore their China trademark rights and avoid catastrophic loss of brand protection.