I want to update the data in the trademark registry

Update the owner's details in the trademark register

Converting your company and need to update trademark data?
Need to update the trademark database with new company name or address?

Update of the trademark owner's details in the trademark database in China.

Updating the data in the trademark register is necessary to ensure the continuity and effectiveness of the legal protection of the trademark. Changes such as a new legal form of the trademark owner, a change of company name or head office address should be reflected in the trademark registers to avoid legal problems in the future.

When a trademark owner fails to take into account a key change in the register of the China Trademark Office (CNIPA) and a situation arises where the owner has to defend the trademark against, for example, an cancelation attempt on the charge of non-use, a problem arises. The response documents to the office will be signed with the company’s new, not yet filed marks. The office may consider that the response was filed by a company other than the owner of the mark.

Why update company details in the trademark register in China?

It is important to remember that the differences between the legal forms of companies, e.g. sole proprietorship, limited liability company or, limited partnership, are only known in the country of registration of these companies. The Chinese authority, when analysing the documents at the formal analysis stage, checks literally whether the names of the entities together with the designation of their legal form match. Even if the distinctive part of the company name is the same in the case of two different legal forms, the authority, upon seeing the difference in their notation, may conclude, rightly so, that it is dealing with two different entities. In other words, that the entity responding to the allegation is not the same one for which the trademark was registered.

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Quick knowledge station

Does the update apply if the trademark is transferred from one company to another?

No. If the trademark is transferred from one company to another, i.e. between two separate entities, the data of the new owner cannot be changed by updating. This is the purpose of the trademark transfer procedure.

What changes require updating the register?

The following changes should be filed as an update with the trademark register in China: a new name, a new address of the trademark owner or a legal form resulting from the transformation of the entity.

When should the details in the trademark register be amended?

It is a good idea to keep your data up to date, especially important information such as changes in company name or new legal form following a transformation.

I have a trademark registered to one company but want to transfer it to another. Can I change this by updating the data?

You cannot do this with the data update procedure because the two companies are formally separate legal entities. This is what the transfer of rights procedure is for.

After updating the data, will China Trademark Office issue a new certificate of registration?

No. After the update, China Trademark Office (CNIPA) will issue a certificate of change. You can obtain a certificate of protection with the new data, but this requires an additional application. It is a short procedure that takes about two months.

Do I have to report a change of company name in the trademarks register if it is still the same company?

Yes. The amendment may prove crucial when defending a mark against cancellation or invalidation.

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FAQ - Frequently asked questions

1. How much time do I have to notify a data change? 

It is recommended to notify changes as soon as possible to avoid legal complications.

2. Do I have to notify the change of name of the trademark owner if it is an individual? 

Yes, but only if you change your name, you still own the trademark.

3. Why is it important to keep the trademark register up to date? 

Up-to-date information is essential for effective protection of the trade mark, especially if you need to react quickly within a reasonable time limit set by the Office, for example if someone requests cancellation of your trademark. If the old company details, i.e. the name of the company or its legal form, are recorded in the register, the documents submitted to the Office must be for a company with the same details. And if the name or legal form of the company has changed in the meantime and this information appears on the documents filed, the Office may consider them invalid.

4. What changes require the register to be updated? 

In particular, the following changes should be reported: the name of the company or its legal form, and it is advisable to report a change of address.

5. How do I update the details of my company in the Chinese trade mark register? 

An appropriate application must be filed, whereby an update application can only be filed with the China Trademark Office by a local trademark attorney, such as those who cooperate with Trademark Partners. Let us know, we know how to do it.

6. How long does it take to update the data? 

This process can take several weeks to few months.

7. What happens if I do not update my details? 

Failure to update can lead to problems in defending the trademark against invalidation or cancellation, in enforcing the rights in the trademark or in preventing the transfer of the rights to the mark to another person.

8. Does updating the data affect the validity of the trademark registration? 

No, updating the data does not affect the validity of the acquired rights.

9. Can I change the scope of protection of the trademark when updating the data? 

No, changing the scope of protection requires a separate procedure.

10. Should a change in the name of my company be recorded in the trademark register, even if it is formally still the same company?  

Yes. The data update only applies if the entity owning the mark remains the same and only the name, legal form or address changes.

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