China Intellectual Property Transfer Special Edition (Part 3) - Trademark Transfer

1. How do I transfer a trademark in China? Is it necessary to register the trademark transfer?

• A trademark may be transferred by operation of law or by transaction.
• The law requires the transferor and transferee to sign a transfer agreement and jointly apply to the CNIPA. The CNIPA will review and decide whether to approve the transfer.
• According to Chinese law, trademark transfer registration must be completed.

2. Is it necessary to submit the original trademark transfer agreement?

• Photocopies or scanned copies will suffice.

3. Does the trademark transfer agreement need to be notarized or translated?

• Notarization is not required. If the application document is not in Chinese, a Chinese translation is required.

4. Is it necessary to use a specific form to register and record a trademark transfer?

• Yes, you need to fill out the "Trademark Assignment/Transfer/Registration Application Form".
• Required documents include:
  • Trademark Assignment/Transfer/Registration Application
  • Copies of the transferor and transferee's identification documents
  • Power of Attorney
  • If the transfer is legal, there is no need to submit identity proof and power of attorney, only relevant evidence or legal documents are required
  • If you apply in a foreign language, you must submit a Chinese translation

5. What are the legal consequences of not registering and filing a patent license?

• The contract is valid but the transfer is not completed.
• The entry in the register is deemed to be effective as a creation.

6. Co-ownership of trademarks

• If a trademark is transferred jointly by multiple right holders to one person, the name and address of the original representative shall be filled in the "Name and Address of Transferor" column in the application form and affixed with the official seal, and the transferee information shall be filled in the "Name and Address of Transferee" column and affixed with the official seal.
• The names of other co-owners should be listed on the attached page and stamped with their official seals.
• The addresses of other co-owners do not need to be filled in.

7. Partial transfer of trademark rights

• A registered trademark may not be divided or transferred in part.
• If it is a serial trademark, the same or similar trademarks must be transferred together for the same or similar goods, otherwise CNIPA may refuse registration.

8. Is it necessary to appoint a professional representative in my country?

• Yes.
• If the overseas transferee has no residence or business office in China, he or she must designate a domestic agent.

9. Official fees for trademark transfer registration and filing

• The official fees are: paper application: 500 yuan/category; electronic application: 450 yuan/category.