Trademarks, as intangible assets, can be the subject of rights confirmation, assignment and pledge for financing, etc. They yield significant economic benefits for establishing a corporate brand image, enhancing market competitiveness, and supporting business development. Therefore, proper management and timely maintenance of trademarks are not only fundamental to safeguarding brand value, but also essential to ensuring that trademarks continue to develop values.
In the course of business development, enterprises often undergo name and address changes. If trademark information is not updated in a timely manner, the trademark rights may be impaired or even lost.
Under the Chinese Trademark Law, where a change is required to the name, address, or other registered matters concerning a trademark registration, an application regarding the change shall be filed. If, during the use of a registered trademark, the registrant unilaterally alters the trademark itself, the registrant’s name or address, or other registered matters, the local administration for industry and commerce shall order rectification within a prescribed period; failure to rectify within that period may result in the cancellation of the registration by the Trademark Office.
Changes to trademarks typically include changes to the name and address of the trademark owner, changes to the trademark agency, changes to the documents recipient, and so on. Where a change is required, a formal change application needs to be submitted to the Trademark Office. This article hereby provides a detailed overview of the required documents and important notes for trademark change applications.
I. Required documents for trademark change application
In addition to the trademark change application form, the specific documents to be submitted will depend on the particular change sought.
1. Change of the name of the applicant/registrant
(i) A copy of the applicant’s identity document(e.g., the duplicate of enterprise’s business license, or an individual’s ID card/passport).
(ii) A certificate of change issued by the registration authority. The certificate of change may consist of relevant records downloaded and printed from the official website of the registration authority. Where the applicant is an enterprise, a certificate of change issued by the competent company registration authority shall be submitted; where the registrant is a public institution, a certificate of change issued by the competent registration authority for public institutions shall be submitted; where the registrant is a natural person, a certificate of change issued by the public security bureau at the place of household registration shall be submitted. The “name before change” and “name after change” shown on the certificate of change should respectively match the “name before change” and the “applicant’s name” as indicated in the application form. Where a foreign enterprise or foreign individual seeks only to change the Chinese translation of its name, it shall provide a statement by the said foreign enterprise or foreign individual requesting the change of the Chinese translation of its name.
(iii) For applications filed in person at the Trademark Office’s Hall, a copy of the handler’s ID should be submitted; for application filed through a trademark agency, a copy of the Power of Attorney shall be submitted.
2.Change of the applicant’s/registrant’s address or contact address
(ii) For application filed in person at the Trademark Office’s Hall, a copy of the handler’s ID should be submitted; for application filed through a trademark agency, a copy of Power of Attorney shall be submitted.
3. Change to the rules for the administration of the use of a collective mark/ certification trademark
(i) A copy of the applicant’s identity document (e.g., the duplicate of enterprise’s business license, or an individual’s ID card/passport).
(ii) The revised rules for the administration of the use of the collective mark/certification trademark. If the change involves the geographical scope of a geographical indication, historical materials defining the geographical scope of the product, or documentary proof of the scope change issued by the people’s government at county level or above of the place where the geographical indication is located or by the competent industry authority, shall be submitted.
(iii) For application filed in person at the Trademark Office’s Hall, a copy of the handler’s ID should be submitted; for application filed through a trademark agency, a copy of the Power of Attorney shall be submitted.
4.Change to the roster of members of a collective trademark
(i) A copy of the applicant’s identity document (e.g., the duplicate of enterprise’s business license, or an individual’s ID card/passport).
(ii) The revised roster of members of the collective mark.
(iii) For application filed in person at the Trademark Office’s Hall, a copy of the handler’s ID should be submitted; for application filed through a trademark agency, a copy of the Power of Attorney shall be submitted.
5. Change of trademark agency for an application under examination
(i) A copy of the applicant’s identity document (e.g., the duplicate of enterprise’s business license, or an individual’s ID card/passport).
(ii) A copy of the Power of Attorney executed between the applicant and the new trademark agency.
6. Change of domestic document recipient for applicants from Hong Kong, Macao, and Taiwan regions of China and foreign individuals/enterprises
(i) A copy of the applicant’s identity document (e.g., the duplicate of enterprise’s business license, or an individual’s ID card/passport).
(ii) Where the application is handled through a trademark agency, a copy of the Power of Attorney shall be submitted.
II. Important notes for trademark change applications
The following matters should be noted during the application process.
1. Principle of simultaneous change
Where the registrant’s name or address is changed, all registered trademarks under that registrant shall be changed at the same time accordingly. For any registered trademarks that the applicant no longer intends to use, the applicant may apply for cancellation.
2. Application information and documents shall meet the requirements
If the change application requires rectification/supplement, the China National Intellectual Property Administration (CNIPA) will issue a Notice of Rectification/Correction, requiring the applicant to make rectifications within a prescribed period. If the applicant fails to rectify as required within the specified time limit, the change application will be deemed withdrawn or will not be approved.
3. Examination decision on the change application
Upon approval of the change application, CNIPA will issue a Certificate of Change or a Notice of Approval to the applicant. If the change application is deemed withdrawn or is not approved, CNIPA will issue a Notice of Deemed Abandonment or a Notice of Disapproval.
For co-owned trademarks, upon approval of a change application, the Change Certificate will be issued only to the representative holder.
4. One application for change of multiple trademark matters
When submitting applications to change multiple trademarks owned by the same applicant at the same time, only one set of the change certificate, applicant’s identity document, and Power of Attorney is required. When filing, the applicant should indicate in the change application form the specific application(s) in which the aforementioned documents are included. The Power of Attorney shall expressly indicate the authorization for the agency to handle changes for all trademarks covered by the current batch of change applications.
5. Change of trademark agent and document recipient
A change of trademark agent refers to a request by the applicant to change the agency that handled the application, which occurs after filing the application for registration but before the registration is approved.
Where registrants from Hong Kong, Macao, and Taiwan or foreign registrants designate a domestic documents recipient in Mainland China to receive subsequent trademark documents (e.g., cancellation application based on non-use for three consecutive years, cancellation application on the ground that the registered trademark has become a generic name, invalidation), they shall file the relevant application to change the document recipient as needed.
For changes of agents in cases concerning cancellation based on non-use for three consecutive years, oppositions, review of refusal, review of rejection of registration, invalidation, and similar proceedings, the request to change the agent shall be submitted directly to the authority handling the specific case.
