This article discusses name/address change and the change in ownership concerning international registrations.
- Name/address change
The China Trademark Law requires that the recording of change of name and address should be conducted for all valid marks of the holder simultaneously, including the national marks and the international registrations.
If this is not the case, the CNIPA shall send to the holder through WIPO a declaration that the name/address change has no effect in China, requiring the holder to rectify the situation within 3 months from the date of the declaration. Holders must appoint a local representative to respond to such notification of amendment.
The subsequent procedures are the same as for the recording of change in ownership (please see below).
- Change in Ownership
The same change in ownership should be requested with regard to all of the holder's valid trademarks that are identical with or similar to each other in respect of the same or similar goods and/or services. If this is not the case, the CNIPA shall send to the holder through WIPO a declaration that the change in ownership has no effect in China, requiring the holder to rectify the situation within 3 months from the date of the declaration. Holders must appoint a local representative to respond to such notification of amendment.
Where the holder fails to make the required rectification within the specified time limit, or the change in ownership would be likely to cause confusion, the CNIPA shall send to the holder through WIPO a declaration that the said change in ownership has no effect in China. The holder may file an administrative reconsideration with the CNIPA within 60 days from receipt of the declaration or institute an administrative procedure with the People's Court within 6 months from receipt of the declaration.
Where the holder files an administrative reconsideration or institutes an administrative procedure, a local representative is compulsory. Information about local representatives can be obtained from the CNIPA's website.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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