Trademark Office: Application for change of trademark applicant registrant nominal address change of collective/certification of trademark management rules collective member list change of trademark agent document recipient


Release Time:

2023-03-31

Ⅰ. Legal basis and application conditions

According to the provisions of Article 41 of the Trademark Law and Article 17 and Article 30 of the Regulations on the Implementation of the Trademark Law, where a registered trademark needs to change the name, address or other registration matters of the registrant, an application for change shall be filed. If the applicant has submitted an application for registration but has not been approved for registration, its name, address or other registered items have been changed, it shall apply to the State Intellectual Property Office for the corresponding change procedures.

Where the exclusive right to use a trademark is transferred due to inheritance, enterprise merger, merger or restructuring, etc., the transfer formalities shall be completed.

Ⅱ. Handling methods

There are the following ways to apply for change of registered trademark:

(1) The applicant submits the electronic application by himself

Submit the application through the Trademark online service system. Please refer to the "Online Application" section of China Trademark Website for details. Trademark online service system websitehttps://sbj.cnipa.gov.cn/sbj/wssq/ 

(2) The applicant may go to the following places:

1. Go to the trademark business acceptance window to carry out relevant acceptance business.

For specific address and contact information, please refer to the "Trademark Application Guide" column or the "Frequently Asked Questions" column of the "Local trademark Business Acceptance Window Information Table".

2. Go to the Cooperation Center for Trademark Examination established by the State Intellectual Property Office outside Beijing.

For specific address and contact information, please refer to the "Trademark Application Guide" column or the "Frequently Asked Questions" column of the "Local trademark Business Acceptance Window Information Table".

3. Go to the trademark registration Hall of the State Intellectual Property Office.

Office Address: 1 Chama South Street, Xicheng District, Beijing 100055, China

Office hours: 8:30-11:3013:30-16:30

For more information, please call 010-63218500

(3) Entrust a trademark agency registered with the State Intellectual Property Office to handle the matter.

Ⅲ, Book format

(1) Application for Change of Name/Address of Trademark Applicant/Registrant/Change of Collective Trademark/Certification Trademark Management Rules/List of Collective Members

(2) Application for Change of Trademark Agent/Document Recipient

The applicant shall fill in the corresponding application according to the specific matters handled:

1. If the applicant needs to change its name/address, change the collective trademark/certification trademark management rules/collective member list, it shall fill in the Application for Changing the name/address of the trademark applicant/Registrant/Changing the collective trademark/Certification trademark management Rules/Collective member List;

2. The trademark agency that needs to change the trademark registration application or individuals and enterprises in Hong Kong, Macao and Taiwan of China, foreigners and foreign enterprises need to change the recipient of their domestic documents, shall fill in the Application for Change of Trademark Agent/Document Recipient;

Ⅳ. Application materials and procedures

(1) Prepare the application form

1. Application form to be submitted:

A. To apply for changing the name of the trademark applicant/registrant, submit the following documents:

(1) Application for Change of name/address of trademark Applicant/Registrant/Change of collective trademark/Certification Trademark Management Rules/Collective Member List;

(2) A copy of the applicant's identity document (such as a copy of the enterprise's business license, a natural person's ID card/Hong Kong and Macao resident permit/Taiwan resident permit/passport, etc.);

(3) the change certificate issued by the registration authority. The change certificate can be the relevant file downloaded and printed on the official website of the registration authority. If the registrant is an enterprise, the change certificate issued by the relevant registration department shall be issued; If the registrant is a public institution, the change certificate issued by the registration department of the public institution shall be presented; If the registrant is a natural person, the change certificate issued by the local police station shall be presented. The name before the change and the name after the change shown in the change certificate shall be consistent with the name before the change and the name of the applicant on the application. If the foreign enterprise or foreigner only needs to change the Chinese translation name, a statement of application for changing the Chinese translation name of the foreign enterprise or foreigner shall be provided.

B. To apply for changing the address and contact address of the trademark applicant/registrant, submit the following documents:

(1) Application for Change of name/address of trademark Applicant/Registrant/Change of collective trademark/Certification Trademark Management Rules/Collective Member List;

(2) A copy of the applicant's identity document (such as a copy of the business license of the enterprise, the identity card/passport of the natural person, etc.);

(3) Entrust a trademark agency to handle the submission of the Power of Attorney;

C. To apply for changing the rules governing the use of collective trademarks/certification trademarks, submit the following documents:

(1) Application for Change of name/address of trademark Applicant/Registrant/Change of collective trademark/Certification Trademark Management Rules/Collective Member List;

(2) A copy of the applicant's identity document (such as a copy of the business license of the enterprise, the identity card/passport of the natural person, etc.);

(3) The applicant directly in the trademark registration hall to submit a copy of the agent's ID card; Entrust a trademark agency to handle the submission of the Power of Attorney;

(4) The revised rules governing the use of collective trademarks/certification marks. If the geographical indication area change is involved, it is necessary to submit the historical data defining the geographical indication product area or the geographical indication area change certificate issued by the people's government at or above the county level or the competent industry department where the geographical indication is located.

D. Apply to change the list of collective trademark members, submit the following documents:

(1) Application for Change of name/address of trademark Applicant/Registrant/Change of collective trademark/Certification Trademark Management Rules/Collective Member List;

(2) A copy of the applicant's identity document (such as a copy of the business license of the enterprise, the ID card/passport of the natural person, etc.);

(3) The applicant directly in the trademark registration hall to submit a copy of the agent's ID card; Entrust a trademark agency to handle the submission of the Power of Attorney;

(4) The list of members of the collective trademark after the change.

E. If the trademark application in the registration application changes the agency, submit the following documents:

(1) Application for Change of Trademark Agent/Document Recipient;

(2) A copy of the applicant's identity document (such as a copy of the business license of the enterprise, the ID card/passport of the natural person, etc.);

(3) The Power of Attorney signed by the applicant and the trademark agency after the change.

F. Individuals and enterprises in Hong Kong, Macao and Taiwan, foreigners/foreign enterprises applying to change the recipient of domestic documents shall submit the following documents:

(1) Application for Change of Trademark Agent/Document Recipient;

(2) A copy of the applicant's identity document (such as the business license of the enterprise, the ID card/passport of the natural person, etc.).

2. Be specific:

(1) Fill it out as required on the application form. It must be typed or printed. If the applicant is a natural person, the ID card number shall be filled in after the name, and the passport number of a foreign natural person shall be filled in, except for electronic application;

(2) If the applicant changes the name, the name must be filled in before the change, and if it is left blank, it shall be deemed not to apply for a name change; If the applicant changes the address, the address must be filled in before the change, and if it is left blank, it is deemed not to apply for a change of address;

If the applicant applies for the change of name and address at the same time, it may be submitted simultaneously in one application.

If the name or address of the applicant has been changed several times, it is not necessary to handle it one by one, and it can be directly changed to the latest name or address; The application should be submitted with all change documents to prove that its name has been changed multiple times.

(3) About the contact address

 If the contact address is changed, if the applicant has not retained the contact address before, it is not necessary to fill in the contact address before the change.

Regardless of whether to fill in the contact address before the change, as long as the applicant chooses to fill in the "domestic applicant's contact address" column in the application, the contact address of the trademark will be updated, and the contact address will be used to receive the legal documents of the trademark successor business, and at the same time, it is also used for the domestic applicant to receive the various documents of the change application.

If the applicant does not fill in the "domestic applicant's contact address" column in the application, the contact address of the trademark shall not be changed.

(4) Other documents for the application for change shall be signed or sealed by the applicant.

(5) If the trademark for which the change is sought is a joint trademark, the following documents shall also be submitted:

i. Apply to change the common trademark representative, change the name of the registrant/address application applicant name address contact information field fill in the changed representative name address and contact information. At the same time, a written statement signed by other co-owners agreeing to change the representative shall also be submitted.

ii. Apply to change the name of the co-owner of the joint trademark, whether it is to change the name of all the co-owners or some of the co-owners, or change the representative of the joint trademark, shall fill in the name of all the co-owners in the application. The name and address of the representative shall be written on the first page of the application, the name of the other co-owners shall be written on the attached page of the application, and the other co-owners do not need to fill in the address.

iii. If the name and address of the representative are changed, the name and address of the representative after the change shall be written in the name and address of the applicant on the first page of the application, and the name and address of the representative before the change shall be written in the name and address before the change on the first page of the application, and the corresponding certificate of change shall be attached. If the name or address of the representative has not been changed, and the name of the other co-owner applying for the change is applied for, the name and address before the change on the first page of the application need not be filled in.

iv. If the name of other co-owners is changed, the name of the co-owner before the change and the name of the co-owner after the change shall be filled in the name list of other co-owners before the change and the name list of other co-owners after the change (hereinafter referred to as the name list before the change and the name list after the change) on the attached page of the application, and the corresponding certificate of change shall be attached. If the names of other co-owners have not been changed, the names of the co-owners who have not been changed shall be filled in the list of names before the change and the list of names after the change on the attached page of the application.

(6) If the application document is in a foreign language, a Chinese translation shall be provided. The Chinese translation shall be confirmed by the signature of the applicant or the agency or the translation agency.

(7) "Applicant Commitment" column: The applicant should carefully read the content of the applicant's commitment before submitting the application. Once the application is submitted, the applicant is deemed to have accepted the undertaking.

(2) Pay trademark fees

For the change application submitted in paper form, the qualified State Intellectual Property Office shall issue a payment notice to the applicant. If the applicant fails to pay the trademark fees as required, its application for change will not be accepted. Change applications are charged by category and electronic applications are free. Please refer to the specific feehttps://sbj.cnipa.gov.cn/sbj/sbsq/sfbz/ 

Ⅴ. Precautions

1. If the name or address of the trademark registrant is changed, the trademark registrant shall change all its registered trademarks at the same time. Where a registered trademark that needs to be changed together is no longer used by the applicant, it may be cancelled.

2. If the modification application needs correction/correction, the State Intellectual Property Office will issue a correction/correction notice to notify the applicant of correction/correction within a time limit. Where the applicant fails to make corrections as required within the prescribed time limit, the application for change shall be deemed to have been abandoned or not approved.

3. After the approval of the change application, the State Intellectual Property Office will issue the applicant a change certificate or a notice of approval; If the application for change is deemed to be abandoned or not approved, the State Intellectual Property Office will issue a Notice of Deemed abandonment or a Notice of non-approval.

4. After the application for change of a joint trademark is approved, the change certificate shall be issued only to the representative.

5. If the applicant directly handles the application in paper form, the corresponding documents shall be sent to the applicant by mail according to the contact address filled in on the application form (if the contact address is not filled in, it shall be sent to the applicant's address); If a trademark agency is entrusted to handle the matter, it shall be served on the agency.

6. When the applicant who submits the paper application applies for the change of multiple trademarks under his/her name at the same time, he/she only needs to provide one proof of change document, identity document and power of attorney. The applicant shall indicate in the application for change the specific application where the above application documents are located, and the authorization specified in the power of attorney shall include all the trademarks for which the applicant applies for change this time.

7. Change of trademark agent means that after the applicant has submitted a registered trademark application, and before the trademark application is approved for registration, the agent applies for change in its registration application. 

If the change does not use the agent in the case of revocation, objection, non-registration review, rejection of registration review, invalidation, etc., for three consecutive years, it shall directly submit an application for change of agent to the case hearing department.

The above content was revised in March 2023, if there is any change later, or if it is inconsistent with the requirements of the staff in the processing, the requirements of the staff shall prevail.

 

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