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Can a Chinese trademark registered under the company name still be renewed if it has been expired for five months?

Yes, it can be renewed. Trademarks can still be submitted for renewal as long as they have not been expired for more than six months. However, compared to renewing a trademark that is still within its validity period, this will incur an additional late renewal fee.

Basis:

  1. Article 40 of the Trademark Law of the People’s Republic of China (2019 Amendment):If a registered trademark expires and needs to continue to be used, the trademark registrant shall apply for renewal within twelve months before the expiration date in accordance with regulations. If the registrant fails to do so during this period, a grace period of six months may be granted. Each renewal of registration shall be valid for ten years, starting from the day following the expiration date of the previous validity term. If no renewal procedure is completed by the expiration date, the registered trademark shall be canceled.
  2. Trademark Office Fee Schedule

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