A user consulted Lao Yang from Putui Intellectual Property about registering a specific name in a certain class. Upon checking, Lao Yang found that:
The original trademark lapsed last year due to non-renewal,
But a new application for the identical name was filed three months prior.
Thus, the user’s application would likely be rejected based on China’s “first-to-file” principle – where even a few days’ delay can result in rejection if a prior similar application exists.
⚠️ Critical Lesson:
The user admitted noticing the lapse last year but waited to apply, missing the optimal registration window. Many expired trademarks (including valuable early-registered names) are quickly snapped up.
🕒 Key Risks:
Blind spot period (~20 days): New applications don’t appear in trademark databases immediately, making preemptive filing unavoidable.
Zero grace period: Competitors can legally file for lapsed names the day after expiration.
✅ Action Required:
If you identify a promising expired trademark:
File immediately – hesitation risks losing the name to faster applicants.