Trademark transfer is a commonly used procedure, especially in a competitive market such as China. It provides an opportunity to transfer ownership of a trademark from one entity (person) to another, which can be crucial to the business strategies of companies operating in China.
Trademark transfer is a process whereby the rights to use and dispose of a trademark are transferred from one owner (the transferor) to another (the transferee). The process either completes a transaction for the purchase/sale of trademark rights or is a formal transfer of rights between related companies. If the procedure is carried out correctly, the transfer allows a change of ownership of the trademark without the need for re-registration, which is always an uncertain process in terms of its ultimate success.
The transfer begins with the conclusion of a sale and purchase agreement between the parties to the transfer. This agreement should set out in detail the terms and conditions of the transfer, including the scope of the rights transferred and the remuneration, if any, agreed by the parties. The second step is to file an application for transfer with the China Trademark Office (CNIPA). The purpose of the application is to change the details in the trademark register so that the owner will be the company (person) that is the assignee of the trademark. After receiving the documents, the CNIPA makes the change and then publishes the transfer of rights. After the publication period, it issues the corresponding decision in the form of an official document. This is a document confirming the transfer between the transferor and the transferee. If the new transferee wishes to have a full certificate of protection issued in his name, he must file a separate application.
The transfer of trademark rights requires the filing of a transfer application with the China Trademark Office bearing the signatures of both parties to the action. The next step is to apply to the Chinese Trademark Office (CNIPA) to register the change.
It usually takes 4-5 months. However, this can vary from case to case.
The transfer of trademark rights takes effect on the date on which the new entity is registered as the owner of the trademark in the trademark database maintained by the China Trademark Office (CNIPA).
No, such a mark cannot be the subject of a transfer. The transferor (i.e. the non-existent company) does not have the possibility to enter into the legal act of declaring the transfer of ownership.
No, after the transfer you will receive a certificate confirming your new details as owner. You will need to apply separately for a new certificate with all the details on the certificate. Let us know how we can help.
You must request a new certificate with all details. To do this you will need a professional attorney such as Trademark Partners. Let us know, we know how to help.
It is strongly recommended to use a lawyer to draft the assignment agreement, especially if the action involves more complex assignments. The filing of the amendment with the China Trademark Office (CNIPA) can only be done by a local representative, such as those working with Trademark Partners. Let us know how we can help.
Yes, you can. Both natural and legal persons can acquire trade mark rights.
Yes, under Chinese law, any individual or legal entity, whether from China or abroad, can own the rights to a trademark in China and participate in trademark transfer activities.
Yes, both the transferor and the transferee must give their consent. It is best to draw up the document in front of a notary so that it is irrevocable.
Yes, the transfer information will be published by the Office.
You can, but the transferee (acquirer of the rights to the mark) should be aware of the dispute to avoid legal problems or financial losses in the future.
No, such a trademark cannot be the subject of a transfer. The party to the transfer (i.e. the dissolved company) will not be able to proceed with the transfer.
Yes, this is possible through an appropriate agreement.
This depends on the content of the assignment agreement. The agreement should specify the trademarks, classes and specific registration numbers of the trademarks to be transferred. However, an amendment application to the China Trademark Office (CNIPA) itself is always for a single class. Thus, an application for a change in several classes is made by filing as many applications as the classes involved.
Yes, if you own both companies, the process is simple. You need to file a transfer application on behalf of both companies. This is filed with the China Trademark Office (CNIPA) and can only be done through a local representatice, such as those who work with Trademark Partners. Let us know how we can help you.
Certainly! The transfer requires registration with Chinese Trademark Office (CNIPA) to be effective.
Yes, this is possible, although in such a case we are not formally talking about the right to the trademark. If the trademark is still at the examination stage, none of the parties to the transaction has any rights to it. We can only talk about rights once it has been registered.
The transfer will not be reflected in the trademark tegister, which may lead to a number of legal complications. Obviously, the new owner of the trademark will not receive a certificate of protection issued by the Chinese Trademark Office (CNIPA).
The transfer of trademark rights takes effect on the date the new entity is registered as the owner of the trademark in the trademark database maintained by the China Trademark Office (CNIPA).
In China, the transfer of trademark rights to a new person is concluded with the issuance of a certificate confirming the details of the new owner. However, this is a different document from the trademark protection certificate. You will need to apply separately for a new certificate with all the details of the certificate. Let us know how we can help you.
No, after the successful transfer you will receive a certificate confirming your new details as owner. You will need to apply separately for a new certificate containing all the data the certificate has. Let us know, we know how to help you.
You need to apply for a new certificate containing all the data. For this you will need a professional representative such as Trademark Partners. Let us know, we know how to help.
Yes, it can affect the licensing agreements associated with the mark. It is good to do an audit to know how to manage the licences granted.
This is not possible. The Chinese Trademark Office (CNIPA) only allows any trademark applications to be filed by a local representative, such as those working with Trademark Partners. Let us know, we know how to help.
In some cases, yes, especially if the mark is subject to collateral.
In the majority of cases, no.
It may be required if it is the subject of a commercial transaction and may be necessary for accounting purposes, among others.
May be taxable; consultation with a tax advisor is recommended.
Yes, if the owner of the mark is indicated on the packaging.
Yes, but the application for renewal and the application for transfer are two applications considered by the office.