CNIPA's answers on dissolved owners, inheritance and court transfers

There is no such rule.

It can be done at any time within the mark's validity.

No.

No.

It can assign the marks to another party.

It is advisable to dissolve after the assignment is complete, so as not to affect it.

Where a company is in liquidation and has not yet completed dissolution registration, the applicant must, besides the usual materials, supply: 1. a copy of the duplicate business license; 2. the liquidation committee's written consent to the assignment, or its seal in the assignor's seal field on the application form, or, if it has no seal, the signatures of all members with copies of their identity cards; 3. proof that the committee was lawfully formed, namely the notice of the committee's recordal issued by the registration authority.

1. The transfer must be filed after liquidation. 2. No, it cannot use only a license copy, a sealed power of attorney and a consent to assignment.

Revocation does not affect the response. File the response materials and proof of status as normal.

File a change application with the Trademark Office.

File a change application with the Trademark Office, attaching proof that the individual business has closed and a statement of the circumstances.

An assignment application.

Yes. After the business license is cancelled, the operator of the individual business (for a family business, the family members taking part) may dispose of the trademark right. The filing must supply: 1. proof of the operator issued by the registration authority; 2. a copy of the operator's identity card; 3. the assignment documents signed by the operator.

A transfer can be filed at any time within the mark's validity.

It does not become invalid at once.

If a natural person has died, a transfer application can be filed for the marks in their name. For statutory inheritance, supply the documents or legal instruments proving the right to inherit the mark. For inheritance under a will or a support agreement, or where the deceased had a property agreement with their spouse, supply the written agreement. First in line are the spouse, children and parents; second are siblings and grandparents.

Where a natural person has died, supply a notarized inheritance or other document or legal instrument proving the right to inherit the mark: identity cards, household registers or other identification of all heirs; the death certificate of the deceased; proof of the family relationship between all heirs and the deceased; a statement of renunciation from any heir who gives up the inheritance; the same materials from a substitute or subsequent heir where an heir has died; all wills or support agreements, if any; and any written marital property agreement.

An heir need not submit an Individual Business License or other proof of status showing business qualifications.

No. It must match the assignee named in the court document.

The Trademark Office assists with enforcement, and has a statutory duty to cooperate when a court compels the transfer of a judgment debtor's trademark right. The applicant must supply the original legally effective instrument, such as a judgment, ruling or civil mediation statement, together with the notice of assistance in enforcement from the court that made the judgment or ruling, and apply to the Office for the transfer.

File the transfer directly on the strength of the court's judgment, and at the same time file the renewal in the assignee's name.

File the transfers one after another.