Can I continue to apply for expired intellectual property rights?

trademark rights in intellectual property rights can continue to apply, while copyright and patent rights cannot continue to apply when they expire. Because the expired patent right has been patented and made public, the re-submitted patent application is not novel. When the term of copyright protection expires, it will also be open to the public and cannot be re-applied.

Legal Basis

Article 22 of the Trademark Law of the People's Republic of China

An applicant for trademark registration shall fill in the category and name of the goods using the trademark according to the prescribed commodity classification table and file a registration application. An applicant for trademark registration may apply for registration of the same trademark for multiple categories of goods through one application. The application for trademark registration and other relevant documents may be submitted in writing or in the form of data messages.

Article 5

If a registered trademark is revoked, declared invalid or not renewed upon expiration, the Trademark Office shall not approve an application for trademark registration that is identical with or similar to the trademark within one year from the date of revocation, invalidation or cancellation.