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On the trademark change and transfer of domestic enterprises

Views:1530Time:2019-08-19

Trademark change: where the name, address or other registered matters of the registrant need to be changed for a registered trademark, the trademark registrant shall apply for the change. Where the name or address of a trademark registrant is changed, the trademark registrant must handle all its registered trademarks at the same time. After the Trademark Office approves the application for change, it shall issue the corresponding certificate of change to the trademark registrant. Documents and materials to be provided:

1> Power of attorney for trademark agency: if a trademark agency is entrusted to act as an agent, a power of attorney stamped with the seal of the applicant shall be provided. Where an applicant from outside the mainland wants to apply for a trademark change in China, it must entrust a trademark agency to do so.

2> Application for change of the name of the trademark registrant, application for change of the address of the trademark registrant or application for change of other registered matters of the trademark: if an entrusted agency applies for change, it shall be made by the agency.

3> Certification materials: certification materials for changing the name of the trademark registrant or other certification of change.

The certificate of the change of the name of the registrant shall be issued by the competent department of the local enterprise or the local administrative department for Industry and commerce at or above the county level. Each application shall be attached with one copy of the certificate. If the attached certificate is a copy, it shall be signed and sealed by the issuing authority or stamped with the official seal by the administrative department for Industry and commerce at or above the county level; If multiple trademarks of an enterprise are changed at the same time, only one original copy is required.

Trademark transfer: an enterprise shall go through the formalities for the transfer of a registered trademark in a timely manner due to merger, separation or merger. If the enterprise has been cancelled, the ownership of its trademark will disappear naturally, and the trademark transfer formalities can no longer be handled. The transferor of a trademark who registers the same or similar trademark on the same or similar goods must handle the transfer at the same time. Where an application is made for the transfer of a registered trademark, the transferor and the transferee shall jointly apply to the Trademark Office, and the transferee shall go through the application formalities for the transfer of a registered trademark. After the Trademark Office approves the transfer application, it shall issue the corresponding transfer notice and transfer certificate notice to the trademark transferor and transferee. Documents and materials to be provided:

1> Power of attorney for trademark agency: if a trademark agency is entrusted to act as an agent, a power of attorney with the stamp of the transferee shall be provided. In order to apply for the transfer of a trademark in China, the transferee outside the mainland must entrust a trademark agency.

2> "Application for transfer of registered trademark": if an agency is entrusted to apply for the transfer of a trademark, it shall be made by the agency and jointly sealed or signed by the transferor and the transferee.

3> Copies of the business license of the transferee or supporting documents of institutions, associations and other organizations with legal personality. The assignee is outside the mainland and does not need such documents.

4> Special certificates:

When transferring the registered trademarks of the transferor used for drugs, medical nutritious food, medical nutritious beverage and baby food, the transferee shall provide the certification documents of the administrative department of health, i.e. the drug production enterprise license or the drug administration If the license for business enterprise has not yet obtained the above two licenses, the approval document issued by the administrative department of public health approving the establishment of a pharmaceutical production or marketing enterprise shall be provided; if the transferor uses the disinfectant trademark, the transferee shall provide the certificate of the Department of public health and epidemic prevention.

Where the trademark of cigarettes, cigars and packaged tobacco is transferred, the transferee shall provide the certificate of production approved by the state tobacco administration. Applicants outside the mainland do not need such documents..

If the enterprise fails to go through the transfer procedures in time due to merger, separation or merger and the stamp has become invalid, the stamp of the transferor may not be affixed, but the valid supporting documents of the competent department of the transferor or the supporting documents of the local administrative department for Industry and commerce must be provided.


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