A Comprehensive Overview of theAmended PRC Trademark Law (5)

The Amended PRC Trademark Law | Effective January 1, 2027

Article 49 · One-Year Cooling-Off Period after Cancellation

Article 49: Where a trademark registrant applies to cancel its registered trademark, the trademark administration department under the State Council shall not approve, within one year from the date of the cancellation publication, any other person’s application to register an identical or similar trademark for the same or similar goods.

Why It Matters

The rule is designed to prevent trademark squatting, but the one-year isolation period does not apply to every cancellation. Where a trademark has been cancelled for non-use for three consecutive years, the original registrant has long ceased use, and no goods bearing the mark or market influence remain; imposing an isolation period would no longer serve any practical purpose of preventing confusion. In practice, this provision is generally not applied in such cases.