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CNIPA's answers for foreign trademark owners

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TLDR
CNIPA's published replies from 2019 to 2022 for foreign owners on when an agency is required, who receives official notices, changing names and addresses, and renewal.

Replies CNIPA published from 2019 to 2022 to questions from foreign, Hong Kong, Macao and Taiwan owners about agencies, notices, changes and renewal, translated by Ginbing. Each reply links to its Chinese original on CNIPA's website.

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About these replies

Official source
Trademark registration questions, the public column where CNIPA answers trademark questions. Each reply links to its official page.
Issued by
CNIPA
CNIPA's dates
Each reply shows the date CNIPA answered. All of them date from 2019 to 2022.
Checked against the official page
November 6, 2026

Must a Hong Kong company use an agency, and does a wholly owned mainland branch count as its place of business?

An enterprise of Hong Kong, Macao or Taiwan with no place of business in the mainland must appoint a lawfully established trademark agency to apply for registration and handle other trademark matters in the mainland. Note: a wholly owned branch company such an enterprise lawfully sets up in the mainland is a mainland enterprise, not its place of business in the mainland.

CNIPA reply of April 27, 2020, translated by Ginbing

Can a foreign company with no branch in China file through an agency, or only through Madrid?

It can appoint an agency on file with CNIPA to handle the application.

CNIPA reply of August 10, 2020, translated by Ginbing

Can a Hong Kong company file an opposition itself?

It must appoint an agency to handle trademark matters.

CNIPA reply of August 4, 2021, translated by Ginbing

Must a Hong Kong company use a Chinese agency to respond to non-use cancellation?

A domestic agency must be appointed to respond.

CNIPA reply of December 17, 2020, translated by Ginbing

A foreign company assigns a mark to a Chinese company: can the Chinese assignee file without an agency?

An agency must be appointed.

CNIPA reply of August 20, 2019, translated by Ginbing

Who must use an agency to file an opposition?

Note: a foreigner or foreign company filing an opposition must appoint a trademark agency on file with the Trademark Office, except a foreigner or foreign company with a habitual residence or place of business in China. Opposition applicants from Hong Kong, Macao and Taiwan are handled in the same way as foreign applicants.

CNIPA reply of February 5, 2020, translated by Ginbing

Must a foreign owner's document recipient be an agency, or can it be the owner's office or wholly owned company in China?

The address of the domestic recipient a foreign applicant designates is not the applicant's own correspondence address. It need not be an agency's address.

CNIPA reply of January 18, 2021, translated by Ginbing

When a foreign owner changes its document recipient, must all of its marks change?

No.

CNIPA reply of February 4, 2020, translated by Ginbing

A change of agency on a registered mark was refused: how does the owner change its document recipient instead?

A change of document recipient can be filed. The application must not fill in a new agency.

CNIPA reply of June 8, 2022, translated by Ginbing

Does the trademark website show a changed domestic recipient?

The trademark website does not show the domestic recipient's address. Once a change of domestic recipient is approved, a certificate of change is issued.

CNIPA reply of March 11, 2022, translated by Ginbing

How does an agency stop being a foreign client's document recipient?

An application to change the document recipient can be filed with the Trademark Office.

CNIPA reply of August 26, 2021, translated by Ginbing

Where does the response notice go when a foreign owner's mark is opposed?

For a paper opposition, the response notice is mailed on paper to the agency. For an electronic opposition, the response notice is mailed on paper to the domestic recipient, and a copy is sent electronically to the agency on the registration application.

CNIPA reply of September 28, 2022, translated by Ginbing

How is a non-use cancellation decision delivered to a foreign owner that did not respond?

Where the applicant (here, the mark's owner) is an entity from abroad, Hong Kong, Macao or Taiwan, the non-use decision is mailed on paper to the domestic recipient. Where the applicant is domestic, it is mailed on paper to the applicant's address.

CNIPA reply of November 11, 2021, translated by Ginbing

A mark is assigned jointly to a mainland and a foreign company, with the foreign company second: must the domestic recipient be filled in?

It must be filled in.

CNIPA reply of April 3, 2020, translated by Ginbing

What is the difference between changing an agency and changing a document recipient?

Changing a trademark agency only means changing the agency on a registration application after it is filed. Once the mark is registered, applying to change the agency no longer has any purpose. To receive documents for a Hong Kong, Macao, Taiwan or foreign registrant in cases brought against the mark later (such as non-use cancellation, cancellation of a mark that has become a generic name, or invalidation), apply to change the document recipient.

To change the agency in a case such as non-use cancellation, opposition, review of a decision not to register, refusal review or invalidation, the change of agency must be filed directly with the department hearing that case.

CNIPA reply of November 30, 2020, translated by Ginbing

A foreign company's English name was typed wrongly at filing: correction or change?

File a correction application.

CNIPA reply of November 29, 2021, translated by Ginbing

Characters were lost when a foreign company's name was translated, and a correction application was refused: what next?

In that situation, file a change application.

CNIPA reply of April 26, 2022, translated by Ginbing

What must be uploaded to change only a foreign applicant's Chinese name?

A foreign company or foreigner that only needs to change its Chinese translated name must provide its own statement applying to change that name.

CNIPA reply of April 13, 2022, translated by Ginbing

Can a foreign company change a Chinese translation it is unhappy with after filing?

A change application can be filed to change the Chinese translation.

CNIPA reply of January 3, 2020, translated by Ginbing

Does a foreign owner need official proof to change the address on a registered mark?

A change of applicant or registrant address does not require a change certificate.

CNIPA reply of June 11, 2019, translated by Ginbing

A foreigner's ID number changed and renewal is due: what is filed?

First file a change application, attaching the signed identity documents from before and after the change, and then file the renewal application. The change and the renewal can be filed at the same time.

CNIPA reply of November 28, 2022, translated by Ginbing

A foreign individual's ID number changed and there is no official proof of the change: what is filed?

The new and old documents can be submitted together, with a written explanation.

CNIPA reply of August 20, 2020, translated by Ginbing

An individual owner emigrated and cannot provide the old ID card at renewal: what proves identity?

A police station or notary office issues proof that this is the same applicant.

CNIPA reply of November 11, 2019, translated by Ginbing

A mainland owner moved to Macao and holds a permanent ID card: what does the change require?

Provide proof of moving out and moving in, and file a change application.

CNIPA reply of April 22, 2021, translated by Ginbing

Must a change of name or address also cover marks still pending, in refusal review, in opposition or in Madrid territorial extension?

Change applications must be filed for all of them together.

CNIPA reply of April 29, 2022, translated by Ginbing

On a Korean company's renewal, what name and address go on the power of attorney, and what proof of status is filed?

1. Follow the information on the registration certificate. 2. Submit a copy of the original and a Chinese translation. 3. The same as the information on the registration certificate.

CNIPA reply of May 28, 2021, translated by Ginbing

Must a foreign, Hong Kong, Macao or Taiwan owner submit an identity document for renewal?

A copy of the applicant's identity document, confirmed by seal or signature (such as a company's business license, or an individual's ID card, Hong Kong or Macao residence permit, Taiwan residence permit or passport), which must match the proof of status submitted with the registration application.

CNIPA reply of September 23, 2020, translated by Ginbing

A foreign company's English name changed and it wants to assign the mark: is a change application needed?

A change application must be filed. It can be filed together with the assignment application.

CNIPA reply of April 29, 2021, translated by Ginbing

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