CBL’s Introduction

Our translation of the Chinese government’s official guidance provides authoritative answers about how to purchase or license a trademark in a China, while ensuring that your legal rights are fully protected. This guidance is translated to American English using the User Centered Translation approach.

Recordation of Trademark License Registrations, Name Changes, Early Termination, and Cancellation

Legal Basis and Petition Requirements

Trademark owners can grant a license trademark by filing the license contract during its effective term with the China IP Administration along with other documentation. (See §43 of the Trademark Act and §69 of the Administrative Regulations) The documentation must include details such as the registered trademark licensor, licensee, license term, license type, and the scope of goods and services covered by the license. Licensor/licensee name changes, early license terminations, and trademark license cancellations are also provided for by agency procedures.

Petition Process

The following methods are available to request recordation of a trademark license:

(I) Electronic Petition for Cancellation

Petitions may be filed through the online system for trademark services. Refer to the Online Application section on the China trademarks website for details on the filing process.

(II) In-person filings at the following locations:

Visit the applicable trademark service counter to process your application.

Refer to the Trademark Application Guidance section or the Local Trademark Services Counter Information Table in the FAQs section of the China Trademarks website for detailed addresses and contact information.

Visit a National Intellectual Property Administration trademark examination center outside of Beijing.

Refer to the Trademark Application Guidance section or the Local Trademark Services Counter Information Table in the FAQs section of the China Trademarks website for detailed addresses and contact information.

Visit the Administration’s trademark registration center.

Address: No. 1, South Chama Street, West Beijing

Office Hours: 8:30-11:30　13:30-16:30

Helpline: 010-63218500

(III) Requests filed by authorized trademark agent registered with the Administration.

III. Request Materials

(I) The following materials are required when filing a request for the recordation of a China trademark license:

(1) Request for the Recordation of a Trademark License;

(2) Copies of licensor/licensee identification documents (such as a copy of the company business license, or copies of natural person ID cards/Residence Permits for Hong Kong, Macao, and Taiwan Residents, or passports);

(3) Power of attorney between the licensor and the authorized trademark agent for requests filed through an authorized trademark representation agency.

(II) Submit the following materials when filing a request for the recordation of a change in licensor/licensee names:

(1) Request for the Recordation of a Change of Licensor/Licensee Name;

(2) Copies of updated identification documents reflecting the changes;

(3) Documentary proof of the changes issued by the appropriate registration agencies, such as copies of documents approving the changes issued by a registration agency or documents downloaded from their official website;

(4) Power of attorney between the licensor and the authorized trademark agent for requests filed through an authorized China trademark representation agency.

(III) The following materials are required when filing a request to record early termination of a trademark license:

(1) Request for the Recordation of the Early Termination of a Trademark License Form;

(2) Copies of the licensor/licensee’s identification documents;

(3) Electronic requests must include an agreement or a written statement on the early termination of the trademark license signed by both the licensor and licensee.

(4) Power of attorney between the licensor and the authorized trademark agent for requests filed through an authorized trademark representation agency.

(IV) The following materials are required when filing a request for the recordation of a trademark license cancellation:

(1) Trademark License Cancellation Recordation Form;

(2) Copies of the licensor/licensee’s identification documents;

(3) Power of attorney between the licensor and the authorized trademark agent for requests filed through an agent.

Filing Process

(I) Preparing Request Materials

The licensor must be the trademark registrant. Licensors filing requests for recordation must fill in the appropriate request forms and prepare the materials required for their request.

(II) Fee Payments

The China IP Administration will send a payment confirmation to the requester upon approval of their request. Requests will be rejected if the required payment is not made. Fees may vary based on the type of filing. (See detailed requirements here):

Specific Guidelines:

(1) Forms for recordation should be typed or printed. Licensors/Licensees should carefully read the instructions and fill out forms accurately and in the correct format.

(2) Licensors are required submit their request and all required materials to the Administration before the license expires.

(3) License type options:

• An ordinary license allows licensors to authorize third parties in China to use their trademark within an agreed license scope while retaining the right to use the trademark themselves;
• A sole license allows licensors to authorize a single licensee to use the trademark within an agreed license scope while retaining the right to use the trademark in China;
• An exclusive license allows licensors to grant a single licensee exclusive use of the trademark within an agreed scope in China, and licensors are permitted to use the trademark themselves.

All licenses will be issued as ordinary licenses unless the requestor opts for a specific license type.

(4) A licensor may only license the use of one trademark to one licensee per recordation form. Licenses for jointly owned trademarks require the agreement of all joint trademark owners. All owners need to submit copies of their identification documents attached to the recordation form, and sign or seal the form.

(5) Trademark licenses may be canceled before the China IP Administration completes the recordation. Requests for recordation of a trademark license cancellation require the agreement of both the licensor and licensee.

(6) Requester’s Commitments column: Requesters should carefully review the commitments before filing their requests. Petitioners will be deemed to have accepted the commitments upon filing their petition.

(7) The China IP Administration will only accept recordation requests that comply with the Trademark Act, its Administrative Regulations, and other applicable laws, and licensors shall be notified of such decision in writing. Requests that do not comply with the Trademark Act, its Administrative Regulations, or other applicable laws will be rejected, and licensors will be notified of the Administration’s decision in writing.

The Administration will notify licensors should any corrections or additions to their requests be required, and licensors will be required to revise and resubmit the necessary materials within 30 days of receiving this notice. Licensors failing to complete corrections or additions within the specified timeframe or as required will be deemed to have voluntarily forfeited the opportunity to correct or supplement their request.

(8) The China IP Administration will send documentation to licensors submitting their request in writing via mail, and electronically to licensors submitting their requests online. Documentation for licensors authorizing a trademark agent to act on their behalf will be sent directly to the agency.

The above was revised in March 2023. Please follow the guidance and requirements provided by Administration staff if any changes are made in the future or if the above conflicts with the requirements provided by Administration staff processing the petition.

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See Trademarks FAQ to learn more about how trademarks work in China

This article was translated to American English using the User Centered Translation approach from the following government publication:

国家知识产权局商标局: “申请注册商标使用许可备案、变更许可人/被许可人名称备案、商标使用许可提前终止备案、撤回商标使用许可备案”

https://sbj.cnipa.gov.cn/sbj/sbsq/sqzn/202303/t20230331_26239.html