More of CNIPA's answers on assignment and licensing
Replies CNIPA published from 2019 to 2022 to questions about assigning and licensing marks, 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
Can a sole proprietorship enterprise take an assignment, and does its business scope limit it?
The business scope is no limit, and the assignment can be filed.
Can one mark be assigned to two companies as co-owners?
Yes.
Is there a template for a co-owner's statement of knowledge of the assignment?
There is no template. Simply state the facts.
Must similar marks that were just refused be assigned along with the registered one?
If no refusal review is sought for the refused mark, it need not be assigned.
Can a coexistence statement avoid assigning similar marks in other classes?
1. When a registered mark is assigned, the owner must assign together its identical or similar marks registered on identical or similar goods. 2. No.
Does the rule on assigning similar marks together apply to a court-ordered transfer?
The owner's identical or similar marks registered on identical or similar goods must be assigned together.
Can a mark be assigned more than once, and can goods be added afterward?
It can be assigned repeatedly, without limit. Under Article 23 of the Trademark Law, to obtain the exclusive right on goods outside the approved scope, a separate registration application must be filed.
A is to go to B and then C: can it go straight from A to C on one fee?
You can file directly for A to assign to C. If A assigns to B and B then to C, two fees must be paid.
Does a branch need its head office's written consent to assign its mark?
Yes.
The registration certificates are lost: can the marks still be assigned?
You can file the assignment directly, and apply for replacement certificates after it is approved.
Marks left out of an assignment are to be cancelled: can the cancellation and the assignment be filed together?
They can be filed at the same time.
A pending assignment and a new filing for a similar mark go in together: will the new one be refused?
They can be filed together, and the new application waits for the assignment to finish before examination. You may also file a request to defer examination, stating that it is waiting for the earlier assignment.
Can the buyer use the mark before the assignment is approved?
Before approval, the exclusive right belongs to the assignor, and use by the assignee is not protected by the Trademark Law.
From when does the assignee hold the exclusive right?
The assignment is also announced. The assignee holds the exclusive right from the date of the announcement.
A mark at preliminary announcement is assigned: whose name goes on the certificate?
An assignment can be filed. If it is approved before the registration announcement, the certificate shows the assignee. If it is approved after the registration announcement, the certificate shows the original applicant.
Can a pledged mark be assigned with the pledgee's written consent, and can it be assigned to the pledgee?
Yes.
Can a pledged mark be licensed and recorded?
A pledged mark can be recorded as licensed with the pledgee's consent.
Can a frozen mark be assigned?
A frozen mark cannot be assigned.
Can a company listed as operating abnormally assign its marks?
Assignment examination does not consider whether a company is on the abnormal list. As long as its business license is still valid, the assignment can be filed.
The assignor's address on record is out of date: must it be changed first?
A change application must be filed, and it can be filed together with the assignment.
An individual's identity card address changed: must the mark's address be changed before assigning?
It can be assigned directly.
Must an assignment contract be submitted to the Trademark Office, and does it object to assignment for no payment?
The Trademark Office has no requirement on this.
Can a mark facing an invalidation request be assigned?
An assignment application can be filed.
Does a pending refusal review hold up an assignment?
They do not affect each other.
The owner's identity number on the certificate is wrong: what goes on the assignment?
Enter the correct identity number and file a correction application at the same time.
Can one consent to assignment cover many marks?
Yes. You can issue one consent to assignment and write on it the registration numbers of all the marks to be assigned.
Must a recorded licensee acknowledge the assignment?
It is not needed, and no correction notice will be issued for it.
Can examination of a change, assignment or renewal be sped up?
A party applying for a change, assignment or renewal may ask us to speed up examination, with evidence of the reason, in these special circumstances: (1) a company applying to list on a stock exchange; (2) financing against a pledge of the trademark; (3) customs recordal of the trademark right; (4) trial of a trademark rights case in administrative proceedings; (5) the needs of litigation; (6) products entering shopping malls, supermarkets or e-commerce platforms; (7) other reasonable grounds.
A mark was assigned without the owner's knowledge: what can be done?
If the assignment is still in progress, write to the Trademark Office's General Division and at the same time ask a court for property preservation. If it has been completed, consider resolving it through the courts.
A franchise license of a mark is recorded for company A: can the same mark also be recorded for company B?
Yes.
Does a license recordal end by itself when it expires?
It lapses automatically on expiry.
Can a mark still under application be recorded as licensed?
A mark that has not been registered cannot be recorded as licensed.
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