China Trademark Assignment Recordation

Trademark (or service mark) assignment recordation is Transfer of one’s ownership of a mark to another person or entity. The prior owner (assignor) gives up all rights to the mark to the new owner (assignee), who is then expected to maintain the level of quality previously associated on the goods or services represented by the mark.

 

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A trademark is a form of property. You can sell, bequeath or transfer your rights to someone else through an assignment. To avoid ownership disagreements, you should formally tell the Registrar about changes in ownership. Besides, you should also tell the Registrar about anything else that affects who owns a trademark, such as a change of name or a business merger.

 

What is the requirement for the China trademark assignment recordation (trademark transfer ownership)?

The China trademark assignment recordation (trademark transfer ownership) can be performed for registered trademark only. The pending status of the trademark cannot be transfer ownership as the mark has not accepted and still not belong to the applicant.  The expired but restorable marks must be renewed before a change of ownership can be recorded.

 

What is the essential procedure of trademark assignment?

As what I have mentioned before, there are three ways of trademark assignment. No matter by which way the assignment of trademark occurred, the assignor and the assignee should go to the Trademark Office to go through the corresponding formalities of assignment. To specified that the trademark assignment must be approved by the China Trademark Office. If the assignor and the assignee don’t go to the China Trademark Office to go through the corresponding formalities of assignment and get the approval of the China Trademark Office, the trademark cannot be assigned from the owner to the other party.

 

What is the required document for assignment of a China trademark recordation?

We mainly introduce the required document for assignment of a trademark by a contract (Deed of Assignment). The required documents are as follows:

(1) The trademark assignment of contract (Deed of Assignment);

(2) The identified document (scanned copy is enough) of both assignor and assignee;

(3) The Power of Attorney.

 * All the document must be translated to Chinese.

 

How long it will take to go through the formalities of China trademark assignment recordation?

In general, it will take about 6 months to 12 months from filing an application for trademark assignment to getting the certificate of approval of trademark assignment issued by the China Trademark Office.

 

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