Change of trademark owner China
| Flat fee incl. official fees | Yes |
|---|---|
| Classes included | 1 |
| Power of Attorney must be notarized | No |
We file an application to change the owner of a trademark and inform you once the record in the trademark database has changed.
1. For transferring the trademark we need to submit the following documents with the CTO (China Trademark Office):
a. Original assignment form executed by the two parties. There is fixed formats for assignment forms, which would be prepared by us. To be specific, it requires the Assignor to stamp its company seal on the assignment forms and the Assignee shall sign on the same forms. Please note only signature of the representative of the assignor would not suffice the CTO’s requirement, while only stamping the assignor’s company seal on the assignment forms could suffice, which is different from that for the foreign companies. Without he assignor’s company seal on the assignment forms, the assignment recordation would not be accepted.
b. POAs executed by two parties. It also requires the assignor to stamp its company seal on the POAs, and it requires the assignee to sign on separate POAs. The POAs will also be prepared by us.
c. A scanned copy of Certificate of Incorporation of our client and a scanned copy of Certificate of Business License of the assignor.
As you may note, it definitely requires the Chinese distributor’s cooperation in preparing the above required documents for recording the assignments. Moreover, please be informed, according to the Chinese Trademark Law, the recordation of the assignment will take into effect only after the CTO approves the assignment applications. Generally speaking, it would take about 8-10 months from filing the assignment applications through to gaining the approval. Further, in order to avoid the regret of the assignor after filing the assignment applications, such as the assignor withdrawing the assignment, it had better persuade the assignor to do a notarization about its agreement of the assignment. Anyhow, this notarization is not necessarily to be submitted with the CTO during the procedure of the filing assignment. Only in the condition the assignor regrets the assignment, at that time the CTO might require us to provide that notarization.