CNIPA's answers on foreign owners' assignments and licenses

For a dissolved corporate enterprise, where the trademark right was overlooked in liquidation, the Trademark Office focuses on whether the evidence proves two things. (1) That the right was not disposed of in liquidation and is truly an overlooked asset. Generally, first provide the liquidation report attached to the deregistration, as kept by the registration authority, which should contain nothing clearly disposing of the mark. On that basis, because a liquidation report usually states that all claims and debts have been settled, the liquidation group's members and all investors must give an undertaking and guarantee confirming that the right was never disposed of in liquidation, and accept joint liability for it. (2) That all investors agree to the assignment: generally provide a list of investors issued by the registration authority, copies of all investors' ID documents, and a consent to assignment signed by all investors.

An assignment application can be filed during the term of the mark. After deregistration of the company is approved, a transfer is recorded. Because the registrant has been deregistered and no longer exists, when the party succeeding to the mark files alone, it need not provide the assignor's identity document, and the assignor need not seal or sign the application.

The supporting documents usually include: (1) the notice approving deregistration, proving that the company has been deregistered; (2) the notice of filing of the liquidation group, issued by the registration authority; (3) the deregistration and liquidation report kept by the registration authority; (4) other documents proving the right to succeed to the mark. Evidence that the mark was disposed of in liquidation may be a contract between the party and the liquidation group signed during liquidation, or a term in the liquidation report on who owns the trademark right.

After an individual dies, the heir alone completes the transfer of the trademark right. Proof of the individual's death must be provided, along with proof that the transferee has the right to inherit the mark, such as a valid notarized will. Because the assignor has died, the assignor's seal and signature field on the application can be left blank. Where the materials are in English, corresponding Chinese translations must be attached.

To transfer the mark, the applicant must provide the following: 1. a copy of the business license; 2. the liquidation group's written consent to the assignment, or its seal in the assignor's seal field on the application; if the liquidation group has no seal, all its members sign and attach copies of their ID documents; 3. a document proving that the liquidation group was lawfully formed, namely the notice of filing of the liquidation group issued by the registration authority.

For a corporate legal person in bankruptcy proceedings, under Article 25(1)(6) of the Enterprise Bankruptcy Law the administrator manages and disposes of the debtor's property. Under Article 69(1)(2) of that law, the administrator must promptly report an assignment of intellectual property or other property rights to the creditors' committee. If no creditors' committee has been set up, the administrator must promptly report it to the people's court.

To transfer the mark, provide: 1. the people's court's ruling accepting the bankruptcy application and appointing the administrator, or its ruling declaring bankruptcy; 2. the administrator's seal or signature on the application, or its document consenting to the assignment; 3. the written consent of the creditors' committee or the people's court.

A transfer application can be filed directly with the Trademark Office.

File a transfer application with the Trademark Office from B to the renamed company (written AAA in the question), attaching the certificate of A's change of name.

An assignment application must be filed, and then a renewal application in the assignee's name. The renewal can be filed together with the assignment.

An assignment application is required.

The legal documents on the conversion must be confirmed by the seal or signature of the competent authority.

The sublicense application has been abolished. Under Article 43 of the Trademark Law and Article 69 of its Implementing Regulations, a licensor that licenses another to use its registered mark must record the license with the Trademark Office and submit the recordal materials during the term of the license contract.

Under Article 43 of the Trademark Law and Article 69 of its Implementing Regulations, a licensor that licenses another to use its registered mark must record the license with the Trademark Office and submit the recordal materials during the term of the license contract. Company A in the question is an overseas company, so it must appoint an agency.

A license recordal application does not require the contract. If a contract is provided, it must be submitted together with a translation.

1. Fill in the Chinese translation: a Chinese name and address translated in the normal way, matching what is on the application. 2. Filling it in Chinese is enough.

“All goods/services” cannot be filled in. The wording is not standard.

Evidence of production or sale outside the mainland is treated as invalid evidence.

Evidence provided by the licensee can be accepted, but the registrant must handle the formalities itself.

Where the applicant (here, the mark's owner) is a foreign company, a publication without returned mail is always issued once. The time runs from the date of the second publication.

Yes, but each must sign the application separately and each must submit its own identity document.

A distributor can file an opposition as an interested party. It only has to provide proof that it is an interested party.