Changing the details recorded for a trademark

Under Article 41 of the Trademark Law and Articles 17 and 30 of the Implementing Regulations, a change to the registrant's name, address, or other registered particulars of a registered trademark requires a change application. An applicant who has filed but is not yet registered, and whose name, address, or other particulars have changed, shall apply to CNIPA for the corresponding change formalities.

Where the exclusive right is transferred through inheritance or a corporate merger, acquisition, or restructuring, the transfer formalities shall be completed.

A change to a registered trademark 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 (《地方商标业务受理窗口信息表》) 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.

(1) The Application Form for Changing a Trademark Applicant's or Registrant's Name or Address, or a Collective or Certification Mark's Rules or Member List (《变更商标申请人/注册人名义/地址/变更集体商标/证明商标管理规则/集体成员名单申请书》).

(2) The Application Form for Changing a Trademark Agent or Document Recipient (《变更商标代理人/文件接收人申请书》).

The applicant completes the form that fits the matter:

1. An applicant changing its name or address, or a collective or certification mark's rules or member list, completes the form in item (1) above (《变更商标申请人/注册人名义/地址/变更集体商标/证明商标管理规则/集体成员名单申请书》).

2. To change the trademark agency on a trademark application, or for an individual or enterprise from the Hong Kong, Macao, or Taiwan regions of China or a foreign person or foreign enterprise to change its domestic document recipient, complete the form in item (2) above (《变更商标代理人/文件接收人申请书》).

(1) Prepare the application documents

1. The documents to submit:

A. To change a trademark applicant's or registrant's name, submit:

(i) the Application Form for Changing a Trademark Applicant's or Registrant's Name or Address, or a Collective or Certification Mark's Rules or Member List;

(ii) a copy of the applicant's identity document (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); and

(iii) proof of the change issued by the registration authority. This may be the relevant record downloaded and printed from the registration authority's official website. A registrant that is an enterprise provides proof from the relevant registration department; a public institution, from the public institution registration department; and a natural person, from the police station where their household is registered. The names before and after the change shown on the proof shall match, respectively, the former name and the applicant's name on the form. A foreign enterprise or foreign person changing only its Chinese translated name shall provide that foreign enterprise's or person's declaration applying to change the Chinese translated name.

B. To change a trademark applicant's or registrant's address or contact address, submit:

(i) the Application Form for Changing a Trademark Applicant's or Registrant's Name or Address, or a Collective or Certification Mark's Rules or Member List;

(ii) a copy of the applicant's identity document (such as a company's business license copy, or a natural person's identity card or passport); and

(iii) a power of attorney (《代理委托书》), if a trademark agency is appointed.

C. To change the rules governing use of a collective or certification mark, submit:

(i) the Application Form for Changing a Trademark Applicant's or Registrant's Name or Address, or a Collective or Certification Mark's Rules or Member List;

(ii) a copy of the applicant's identity document (such as a company's business license copy, or a natural person's identity card or passport);

(iii) a copy of the handling person's identity card, if the applicant files directly at the Trademark Registration Hall, or a power of attorney (《代理委托书》), if a trademark agency is appointed; and

(iv) the collective or certification mark's rules of use as changed. A change to the area of a geographical indication requires historical materials defining the area of the geographical indication product, or a document proving the change of area issued by the people's government at county level or above, or the competent industry authority, where the geographical indication is located.

D. To change a collective mark's list of members, submit:

(i) the Application Form for Changing a Trademark Applicant's or Registrant's Name or Address, or a Collective or Certification Mark's Rules or Member List;

(ii) a copy of the applicant's identity document (such as a company's business license copy, or a natural person's identity card or passport);

(iii) a copy of the handling person's identity card, if the applicant files directly at the Trademark Registration Hall, or a power of attorney (《代理委托书》), if a trademark agency is appointed; and

(iv) the collective mark's list of members as changed.

E. To change the agency for a mark still in the application stage, submit:

(i) the Application Form for Changing a Trademark Agent or Document Recipient;

(ii) a copy of the applicant's identity document (such as a company's business license copy, or a natural person's identity card or passport); and

(iii) the power of attorney (《代理委托书》) between the applicant and the new trademark agency.

F. For an individual or enterprise from the Hong Kong, Macao, or Taiwan regions of China, or a foreign person or foreign enterprise, to change its domestic document recipient, submit:

(i) the Application Form for Changing a Trademark Agent or Document Recipient; and

(ii) a copy of the applicant's identity document (such as a company's business license, or a natural person's identity card or passport).

2. Specific instructions:

(i) Complete the form as it requires; it must be typed or printed. 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) An applicant changing its name must fill in the former name; if it is left blank, no name change is treated as requested. An applicant changing its address must fill in the former address; if it is left blank, no address change is treated as requested.

An applicant changing both name and address may do so on one form.

An applicant whose name or address has changed several times need not record each change, and may change directly to the latest name or address. The application shall include all the proof documents showing each of the name changes.

(iii) Contact address

A contact address applies only to parties in mainland China. It is used to receive legal documents for later trademark matters on the mark, such as a notice to provide evidence of use in a case for cancellation for three consecutive years of non-use, or a notice to respond in an invalidation case.

An applicant in mainland China may change its contact address. An applicant that has never left a contact address need not fill in a former contact address.

Whether or not a former contact address is filled in, if the applicant completes the "Domestic Applicant Contact Address" field on the form, the mark's contact address is updated. That address is then used to receive legal documents for later trademark matters on the mark, and also for a domestic applicant filing on its own to receive documents about this change application.

If the applicant does not complete the "Domestic Applicant Contact Address" field, the mark's contact address does not change.

(iv) Other documents for the change application must all be signed or sealed by the applicant.

(v) If the mark to be changed is a jointly owned mark, the following also apply:

a. To change the representative of a jointly owned mark, the applicant name, address, and contact fields on the form give the new representative's name, address, and contact details. A written declaration signed by the other joint owners agreeing to the change of representative shall also be submitted.

b. To change a joint owner's name, whether for all joint owners or only some, or to change the representative, the form shall give the names of all joint owners. The representative's name and address go on the first page of the form, and the other joint owners' names go on the attached page. Their addresses are not needed.

c. If the representative's name or address changes, the new name and address go in the applicant name and applicant address fields on the first page, the former name and address go in the former name and former address fields on the first page, and the corresponding proof of change shall be attached. If the representative's name and address have not changed and the change concerns another joint owner's name, the former name and former address fields on the first page need not be filled in.

d. If another joint owner's name changes, the attached page's list of other joint owners before the change and list of other joint owners after the change (the before and after lists) shall give the joint owner's former and new names, with the corresponding proof of change attached. A joint owner whose name has not changed shall also be entered in both the before and after lists on the attached page.

(vi) An application document in a foreign language shall come with a Chinese translation, sealed or signed by the applicant, the agency, or a translation organization.

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

(2) Pay the official fee

For a change application filed on paper, CNIPA sends the applicant a payment notice if the conditions are met. A change application is not accepted if the fee is not paid as required. Change applications are charged per class, and electronic applications are free. For the fees, see https://sbj.cnipa.gov.cn/sfbz/index.html

1. A registrant changing its name or address shall change all its registered trademarks together. A registered trademark that would need to be changed but that the applicant no longer uses may be cancelled.

2. If a change application needs correction, CNIPA sends a correction notice with a deadline. If the applicant does not make the correction as required by the deadline, the change application is treated as abandoned or not approved.

3. After approving a change application, CNIPA issues the applicant a certificate of change or a notice of approval. If the application 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》).

4. After a change application for a jointly owned mark is approved, the certificate of change is issued only to the representative.

5. For an applicant filing directly on paper, the relevant documents are sent by post to the contact address on the form (or, if none is given, to the applicant's address). If a trademark agency is appointed, they are delivered to that agency.

6. A paper applicant changing several of its marks at the same time needs to provide only one proof of change, one identity document, and one power of attorney. The applicant shall note on the change forms which specific application holds those documents, and the authority stated in the power of attorney shall cover all the marks in this change.

7. Changing the trademark agent means applying, after filing and before registration is approved, to change the agency for that application. A registrant from the Hong Kong, Macao, or Taiwan regions of China or from abroad that designates a document recipient in mainland China to receive later trademark legal documents (such as in cases for cancellation for three consecutive years of non-use, cancellation of a registered trademark that has become a generic name, or invalidation) shall file the corresponding application to change the document recipient.

To change the agent in a case for cancellation for three consecutive years of non-use, an opposition, a review of a refusal to register, a review of a refusal of an application, an invalidation, or a similar case, the application to change the agent must be submitted directly to the department handling that case.

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