What Requirements Do I Need to Transfer Trademark Rights in China?
Target Audience:
Would you like to transfer your China trademark rights to a new owner? This article will introduce the required documents and the timeline when transferring your registered trademark rights.
The trademark original owner is known as the assignor, while the assignee refers to the one who accepts the trademark. Transferring of trademarks shall be done according to legal procedures and anyone who transfers his registered trademark to any entity or person without fulfilling the legal procedures is illegal, under Chinese law. So best to do things by the book. Luckily the process if fast and affordable.
Required Documents of Registered Trademark Transfer
The documents needed are as follow:
- Signed POA (power of attorney) by the assignor
- Signed POA by the assignee
- Copy of certificate of incorporation of the assignor
- Copy of certificate of incorporation of the assignee
- Assignment agreement.
No legalization or notarization is needed for those documents above.
FAQ: Transferring ownership of a Chinese TM
Why are the documents presented to us are foreign?
Please be advised that there is no standard form of Statement of Trademark Assignment, CNIPA accepts Deed of Assignment made by the assignor and assignee based on agreement. We often put a deed of assignment in the English version in order to be understand by both parties. In addition, the notarization of the Deed of Assignment is not compulsory, however, in order to avoid disputes between assignor and assignee, it is still a good idea and avoid any chance CNIPA doubts the validity of the Deed of Assignment.
Can the applicant transfer the rights even if it's in the examination stage?
It is possible that the original owner can transfer the trademark rights in any stage during the application even if it's in the examination stage. However, if the trademark is rejected, then the new trademark owner will not own anything at all.
Timeline and Relevant Cost to Transfer Trademark Rights in China
The processing time required is 4-5 months to complete the assignment. Please contact us or click on this link download the rate sheet.
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ABL Blog: Sr. Editor and Primary Content Creator: Michael J. Bellamy
Originally from Upstate New York, Mike moved to Asia in 1993 and is a China business advisor to both Fortune 500 companies and small businesses. Recognized as an expert on doing business in China, he has been interviewed by WSJ, CNBC, FT & Bloomberg.
A featured presenter on China issues at seminars, trade shows and corporate events across the globe.
Learn more about Mike and AsiaBridge Law at
https://www.asiabridgelaw.com/business-advisory-services/
Mike is the author of “The Essential Reference Guide to China Sourcing”
(available on Amazon).