Changes of Trademarks

In the process of company operation, if the name or registered address of a company is changed, the company should deal with the amendment of register not only in the the Industry and Commerce Registration Authority but also in the Trademark Office The following changes may be included:

Change of the name of the trademark registrant

Change of the address of trademark registrant

Change of trademark agent

Effect of Trademark Change:

If the change of trademark isn’t been handled in time, the registrant will be passive when authorities require certificates once trademark disputes happen or the name of the trademark user isn’t consistent with the origin registrant.

If the change of trademark addresses or trademark agents aren’t processed, once someone applies to dissolve the registrant’s trademark on the ground that the trademark hasn’t been used for 3 years, then relevant documents of Trademark Office may not be able to be sent to the registrant resulting in missing the replying time, which may cause the dissolve of the registered trademark.

Documents Needed for the Change of Trademarks:

Changed Subject Qualification Certificate

Certificate of Change issued by related departments

Power of Attorney for the Change of Trademarks

Time Needed for the Change of trademarks:

The Notice of Acceptance will be issued in 2 months.

The change of trademark will be approved in 4-6 months.

Notes for the Change of Trademarks:

An applicant, who has filed registration application but hasn’t been approved, can apply to the Trademark Office for related changing procedures if their names, addresses or other registration issues are changed.

Certificates of change should be filed to related registration authorities if the name of trademark registrant needs to be changed.

A Trademark registrant should change the name and address of all of his trademarks if he changes the name and address of one of his trademarks.

The original certificate of trademark change should be kept well with the Trademark Registration Certificate, because only the joint use of the two documents can achieve complete certification effectiveness.

FAQ:

1 Under which circumstance should a registrant process the change of trademark?

A: When the name or address of a trademark registrant needs to be changed due to reasons except the inheritance, business combination, merger or reorganization , an application for change should be submitted to the Trademark Office. The Trademark Office will accept those applications which meet the handling conditions. And after the application for change is approved, the Trademark Office will issue a certificate of change to the applicant.

If the registered name or address has been changed while the registrant fails to deal with the procedures of change in time and continues to use it, the use of the registrant constitutes an act to change the trademark registrant’s name, address or other registered matters. It will also influence the renewal or resulting in the loss of trademark rights caused by being dissolved by others without replying for 3 years.

2 Which items of a trademark can be changed?

A: The items include the name, address, agent of applicant and the designated commodities of deleted registration application. If the exclusive rights for trademarks are transferred due to the company’s consolidation, merger and reorganization, transferring procedures should be handled. If the name of the trademark registrant is changed, the exclusive right to use the trademark should not be transferred.

3 How does the logo design of trademark be changed?

A: According to the Provisions of Trademark Law, the logo of a registered trademark consist of words, graphics, letters, numbers, three-dimensional marks or their combination. If the trademark owner wants to change its logo,which actually means that he has used a new trademark, then the owner needs to apply for the trademark registration again to obtain its exclusive right and the trademark registration must be approved by the Trademark Office, too. Article 22 of China's Trademark Law stipulates, "If the logo of a registered trademark needs to be changed, an application for registration should be applied again."

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