Assigning a registered trademark

Under Article 42 of the Trademark Law and Articles 31 and 32 of the Implementing Regulations:

1. To assign a registered trademark, the transferor and assignee shall together complete the assignment formalities with CNIPA. Both are applicants.

2. Where a registered trademark is transferred for another reason, such as inheritance or a corporate merger, acquisition, or restructuring, the party receiving the exclusive right shall complete the transfer formalities with CNIPA on the strength of the relevant supporting documents or legal instruments.

3. Where the exclusive right is transferred under a court judgment, the transfer formalities shall also be completed.

An assignment or transfer uses the Application Form for Assignment or Transfer of a Trademark Application or Registered Trademark (《转让/移转申请/注册商标申请书》).

An assignment may be filed in the following ways:

(1) The applicant files electronically on its own.

File through the trademark online service system. See the "Online Application" section of the China Trademark Website for how to submit. System address: https://sbj.cnipa.gov.cn/trademark-apply

(2) The applicant may file at the following places:

1. A trademark service window that handles this kind of filing.

For addresses and contact details, see the "Local Trademark Service Window Information Table" in the "Trademark Application Guide" or "FAQ" section of the China Trademark Website.

2. A Trademark Examination Cooperation Center set up by CNIPA outside Beijing.

For addresses and contact details, see the same information table in the "Trademark Application Guide" or "FAQ" section of the China Trademark Website.

3. The CNIPA Trademark Registration Hall.

Address: No. 1 Chamanan Street, Xicheng District, Beijing. Postal code: 100055.

Office hours: 8:30-11:30 and 13:30-16:30.

Enquiries: 010-63218500.

(3) The applicant appoints a trademark agency recorded with CNIPA.

There is only one form for an assignment: the Application Form for Assignment or Transfer of a Trademark Application or Registered Trademark (《转让/移转申请/注册商标申请书》).

(1) Prepare the application documents

1. The documents to submit are:

(i) the Application Form for Assignment or Transfer of a Trademark Application or Registered Trademark;

(ii) copies of the transferor's and assignee's identity documents, sealed or signed by them (such as a company's business license copy, or a natural person's identity card, Hong Kong and Macao resident residence permit, Taiwan resident residence permit, or passport);

(iii) powers of attorney issued by both the transferor and the assignee, if a trademark agency is appointed;

(iv) for a transfer where the registrant has died or ceased to exist, no identity document or power of attorney from the registrant is needed, but the party receiving the mark shall submit the relevant supporting documents or legal instruments as the law requires, proving its right to succeed to the trademark right; and

(v) a Chinese translation of any application document in a foreign language, sealed or signed by the applicant, the agency, or a translation organization.

2. Specific instructions

(i) Complete the form as it requires; it must be typed or printed. A transferor or assignee who is a natural person shall write their identity document number after their name, and a foreign natural person their passport number, except in an electronic application.

(ii) For an electronic application, the document proving agreement to the assignment shall be sealed and signed by both parties (a legal person or other organization shall affix its seal and have its responsible person or legal representative sign) and uploaded. The original shall be kept for checking.

(iii) A transfer application may omit the copy of the transferor's identity document.

(iv) Where the assignee is a natural person, note the following:

a. An individual business may take the assignment in the trade name registered on its individual business license, or in the personal name on the operator's identity card. It shall submit copies of the following:

1. the assignee's identity card;

2. the individual business license.

b. An individual partnership may apply in the trade name registered on its business license or on a registration document from the competent authority, or in the names of all partners jointly. When applying in the names of all partners, it shall submit copies of the following:

1. the partners' identity cards;

2. the business license;

3. the partnership agreement.

c. A rural contract household may apply in the name of the person who signed its contract, and shall submit copies of the following:

1. the signatory's identity card;

2. the contract.

d. Another natural person lawfully permitted to carry on business may apply in the operator's name shown in the registration document issued by the competent authority, and shall submit copies of the following:

1. the operator's identity card;

2. the registration document issued by the competent authority.

e. Where a natural person assignee does not meet these rules, CNIPA does not approve the assignment and notifies the applicant in writing.

(v) For a transfer where the transferor cannot affix a seal, the assignee shall submit supporting documents or legal instruments showing its right to receive the mark. For example, a transfer arising from a corporate merger, acquisition, or restructuring requires the merger, acquisition, or restructuring documents and a certificate from the registration authority. Those documents shall show that the assignee succeeds to the trademark right, and the registration authority shall certify the relationship between the former registrant and the assignee and the fact that the former registrant no longer exists. A transfer under a court judgment requires the legal instrument issued by the court, and the name of the party subject to enforcement and the name of the enterprise receiving the exclusive right on that instrument shall match the transferor's and assignee's names on the application form.

(vi) If the mark to be assigned is a jointly owned mark, note the following:

a. Where a mark owned by one party is assigned to several joint owners, the assignee name and address fields on the form shall give the representative's name and address, and the representative's seal goes in the assignee seal field. The other joint owners' names go in the list of other joint owners after assignment on the attached page, with their seals. Their addresses are not needed.

b. Where a jointly owned mark is assigned to one party, the transferor name and address fields shall give the former representative's name and address, and the former representative's seal goes in the transferor seal field. The assignee's name and address go in their own fields, with its seal. The former other joint owners' names go in the list of other joint owners before assignment on the attached page, with their seals. Their addresses are not needed.

c. Where an assignment is filed because the joint owners change (including joint owners being added or removed), the former representative's name and address go in the transferor name and address fields, with the former representative's seal in the transferor seal field, and the former other joint owners' names go in the list of other joint owners before assignment on the attached page, with their seals. The assignee name and address fields shall give the representative's name and address after assignment, with that representative's seal in the assignee seal field, and the other joint owners' names after assignment go in the list of other joint owners after assignment on the attached page, with their seals. The lists on the attached page do not need the other joint owners' addresses.

(vii) If the mark to be assigned is a collective mark or certification mark, the following are required in addition to the form:

a. A collective mark assignment requires the assignment contract, the list of collective members, a copy of the document proving the assignee's eligibility, and the rules governing use of the mark.

b. A certification mark assignment requires the assignment contract, a copy of the document proving the assignee's eligibility, proof of the assignee's testing capability, and the rules governing use of the mark.

c. An assignment of a geographical indication collective or certification mark requires the assignment contract, a copy of the document proving the assignee's eligibility, the approval of the local government or competent authority for the assignment of the geographical indication, proof of the assignee's supervision and testing capability, and the rules governing use of the mark.

(viii) "Applicant's Undertaking" field: the applicant should read the undertaking carefully before filing. Filing is treated as accepting it.

(2) Pay the official fee

If the conditions are met, CNIPA sends the applicant a payment notice. An assignment is not accepted if the fee is not paid as required. Assignment is charged per class. For the fees, see https://sbj.cnipa.gov.cn/sfbz/index.html

1. A registrant assigning a registered trademark shall also assign its identical or similar marks registered on identical or similar goods. CNIPA does not approve an assignment that could cause mistake, confusion, or other adverse effects.

2. A Madrid international registration held by the transferor and protected in China by territorial extension shall be assigned at the same time if it is identical or similar to the domestic registered trademark being assigned.

3. An application on which an examination conclusion has been reached (including a mark that has preliminary approval or is in refusal review or opposition proceedings) shall be assigned at the same time, in the same way as a registered trademark.

4. Document recipient: an assignee that is an individual or enterprise from the Hong Kong, Macao, or Taiwan regions of China, or a foreign person or foreign enterprise, does not fill in a contact address, but shall designate on the form a domestic document recipient in mainland China to receive later trademark legal documents.

5. Contact address: an assignee in mainland China does not fill in the document recipient field, but shall give a contact address as needed to receive later trademark legal documents.

6. If an assignment needs correction, CNIPA sends a correction notice with a deadline. If the applicant does not make the correction as required by the deadline, CNIPA may treat the assignment as abandoned or not approve it.

7. For an assignment that meets the conditions, CNIPA sends the parties a Payment Notice (《缴费通知书》). They shall pay the trademark fee promptly as required; otherwise the assignment is not accepted.

8. After approving the assignment, CNIPA issues the assignee a certificate of assignment and publishes the assignment. The assignee holds the exclusive right from the date of publication.

9. If an assignment is treated as abandoned or not approved, CNIPA issues a Notice of Deemed Abandonment (《视为放弃通知书》) or a Notice of Non-Approval (《不予核准通知书》).

10. If the assignee on the form is several joint owners, CNIPA sends the relevant notices or certificates only to the representative.

11. If the applicant appoints a trademark agency for the assignment, all documents about the assignment are delivered to that agency.

12. Before CNIPA approves the assignment, the parties may apply to withdraw it if they agree. An assignment filed through an agency shall be withdrawn through the same agency.

This content was revised in March 2023. If it later changes, or differs from what staff require in practice, the staff's requirements prevail.