# More of CNIPA's answers on assignment and licensing CNIPA's published replies from 2019 to 2022 on co-owned marks, assigning similar marks together, chains of assignment, pledged and frozen marks, speeding up examination, and license recordal. Canonical URL: https://ginbing.com/docs/china-trademark/cnipa-answers-more-assignment Markdown URL: https://ginbing.com/docs/china-trademark/cnipa-answers-more-assignment/index.md ## TLDR CNIPA's published replies from 2019 to 2022 on co-owned marks, assigning similar marks together, chains of assignment, pledged and frozen marks, speeding up examination, and license recordal. ## Guide 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. ## About these replies - **Official source.** [Trademark registration questions](https://www.cnipa.gov.cn/jact/front/mailpublist.do?sysid=13), 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 > These are replies to individual questions. They are not rulings, and CNIPA decides each case on its own facts. The translations are Ginbing's own, not official, and Ginbing is not part of CNIPA. Only the Chinese text is official. Each heading is Ginbing's short summary of the point the reply answers; the asker's own words, which may cover other points, are on the official page. Greetings and contact details are left out, and long replies are shortened to the parts that answer the question. > **Warning:** These replies are older than those on CNIPA's other answer pages, and each states the position on its date. Where a [later reply](/docs/china-trademark/cnipa-answers-assignment-and-licensing) or CNIPA's current guide differs, rely on the later source. They were written under the 2019 Trademark Law, and the [revised law](/docs/china-trademark/laws/trademark-law/2026) takes effect on January 1, 2027, with [some changed rules and article numbers](/docs/china-trademark/2027-trademark-law-changes). Fees and procedures can also change. Check the current rule before relying on one of these replies. ## 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. > > [CNIPA reply of April 13, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=54355), translated by Ginbing ## Can one mark be assigned to two companies as co-owners? > Yes. > > [CNIPA reply of September 14, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=369583), translated by Ginbing ## Does one co-owner need the other's consent to assign its share? > The other co-owner's consent is required. Without it the assignment cannot be filed. > > [CNIPA reply of December 29, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=380798), translated by Ginbing ## One of two corporate co-owners is closing: can its share go to the other? > Yes. File an assignment application with the Trademark Office. > > [CNIPA reply of January 18, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=344344), translated by Ginbing ## Is there a template for a co-owner's statement of knowledge of the assignment? > There is no template. Simply state the facts. > > [CNIPA reply of January 29, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=345420), translated by Ginbing ## 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. > > [CNIPA reply of September 20, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=42109), translated by Ginbing ## 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. > > [CNIPA reply of April 15, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=54542), translated by Ginbing ## 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. > > [CNIPA reply of October 21, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=372734), translated by Ginbing ## 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. > > [CNIPA reply of August 30, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=368163), translated by Ginbing ## 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. > > [CNIPA reply of July 7, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=359770), translated by Ginbing ## Does a branch need its head office's written consent to assign its mark? > Yes. > > [CNIPA reply of May 31, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=355968), translated by Ginbing ## Two companies share a legal representative: is there a free way to move a mark between them? > It must be an assignment, and the assignment fee cannot be waived. > > [CNIPA reply of August 2, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=38656), translated by Ginbing ## 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. > > [CNIPA reply of November 16, 2022](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=411329), translated by Ginbing ## 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. > > [CNIPA reply of August 6, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=366296), translated by Ginbing ## 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. > > [CNIPA reply of August 3, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=331841), translated by Ginbing ## 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. > > [CNIPA reply of April 23, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=352326), translated by Ginbing ## 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. > > [CNIPA reply of January 28, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=345254), translated by Ginbing ## 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. > > [CNIPA reply of March 5, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=347849), translated by Ginbing ## Can a pledged mark be assigned with the pledgee's written consent, and can it be assigned to the pledgee? > Yes. > > [CNIPA reply of April 10, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=26445), translated by Ginbing ## Can a pledged mark be licensed and recorded? > A pledged mark can be recorded as licensed with the pledgee's consent. > > [CNIPA reply of August 4, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=332035), translated by Ginbing ## Can a frozen mark be assigned? > A frozen mark cannot be assigned. > > [CNIPA reply of September 21, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=42157), translated by Ginbing ## 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. > > [CNIPA reply of June 2, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=57980), translated by Ginbing ## 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. > > [CNIPA reply of July 15, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=360532), translated by Ginbing ## An individual's identity card address changed: must the mark's address be changed before assigning? > It can be assigned directly. > > [CNIPA reply of July 27, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=331304), translated by Ginbing ## 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. > > [CNIPA reply of March 18, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=25076), translated by Ginbing ## Can a mark facing an invalidation request be assigned? > An assignment application can be filed. > > [CNIPA reply of March 14, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=52070), translated by Ginbing ## Does a pending refusal review hold up an assignment? > They do not affect each other. > > [CNIPA reply of March 11, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=24541), translated by Ginbing ## 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. > > [CNIPA reply of November 25, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=376587), translated by Ginbing ## 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. > > [CNIPA reply of April 9, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=54054), translated by Ginbing ## Must a recorded licensee acknowledge the assignment? > It is not needed, and no correction notice will be issued for it. > > [CNIPA reply of August 31, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=40738), translated by Ginbing ## 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. > > [CNIPA reply of October 12, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=337516), translated by Ginbing ## 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. > > [CNIPA reply of April 21, 2022](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=391155), translated by Ginbing ## A franchise license of a mark is recorded for company A: can the same mark also be recorded for company B? > Yes. > > [CNIPA reply of April 6, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=350537), translated by Ginbing ## Does a license recordal end by itself when it expires? > It lapses automatically on expiry. > > [CNIPA reply of August 7, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=362521), translated by Ginbing ## Can a mark still under application be recorded as licensed? > A mark that has not been registered cannot be recorded as licensed. > > [CNIPA reply of August 2, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=362049), translated by Ginbing ## Related pages - [CNIPA's answers on assignment and licensing](/docs/china-trademark/cnipa-answers-assignment-and-licensing) - [CNIPA: Assignment guide](/docs/china-trademark/cnipa-guide-assignment) - [CNIPA's answers on dissolved owners and inheritance](/docs/china-trademark/cnipa-answers-dissolved-owners-and-inheritance)