change of name/address
1. Brief descriptions
After trademark registration, if the applicant wants to change the name, address or other affairs, he should apply for the changes.
Since the executing Implementation of Trademark Law in 15 th September 2012, the trademark which has been applied for registration but not approved yet, can also be applied for change of name and address of applicant, the agent, or the goods applied.
The exclusive rights of trademarks change because of amalgamation, merger of restructuring, assignment procedures are necessary.
Change of the name of registrant doesn ' t change the exclusive rights of trademark
2. Ways to deal with it
There are two ways to change name, address of registrant or other affairs:
A. Authorizing trademark agency to deal with it
B. Going to the registration hall
3. Forms of change application
There are four forms of change application: Application for Change of Name/Address of Applicant/Registrant, Application for Deletion of Goods and Services, Application for Change of Attorney, Application for Correction in Application/Registration.
Applicant should file in corresponding application forms according to different affairs:
A. For those want to change name and address, they should file in Application for Change of Name/Address of Applicant/Registrant. If the registrant and applicant want to change name and address at the same, only one application form is necessary.
B. For those want to delete goods and services, they should file in Application for Deletion of Goods and Services. But, they can ' t add any determiner or qualifier to the goods and services.
C. For those want to change attorney, they should file in Application for Change of Attorney.
D. If there are errors to be corrected, they should file in Application for Correction in Registration/Application, but the errors are limited to text errors.
4. Three steps
A. Preparing for application documents
A. Documents should be submitted:
Application forms of change
Original and copy of subject qualification certificate of applicant(business license, ID etc.), (the original will be refunded); or copy of subject qualification certificate with signature or seal of applicant.
Proxy statement if authorizing trademark agency; and copy of responsible person ' s ID if going to the registration hall.
For change of name of registrant, relevant change evidence should be issued by registration authority.
Chinese translation with signature of translator should also be provided if the application documents are in foreign languages.
B. Detailed specifications
A. Application forms should be filed in according to requirements and be typewritten or printed. If applicant is natural person, ID number should be attached to name
B. Each application form for one trademark, with the seal of applicant or attorney.
C. If going to registration hall, except for application form, original and copy of subject qualification certificate should also be submitted(original will be refunded); or the copy with seal of applicant and responsible person ' s ID; if applicant is natural person, copy of ID is enough. If authorizing trademark agency, except for application form, proxy statement, copy of business license and ID of applicant are also necessary.
D. If applying for change of name of registrant, relevant documentary evidence should be provided by registration authority. If applicant is enterprise, change evidence issued by industrial and commercial administrative office should be provided; if applicant is business unit, change evidence issued by business unit registration authority should be provided. If the applicant is natural person, change evidence issued police station where the domicile place is should be provided. The primary name and the changed name on the evidence should be consistent with the name before change and the applicant. If the foreigner or foreign enterprise want to change the Chinese name, application form of change Chinese name should be provided.
E. If applicant want to change the name of applicant of the trademark that hasn ' t been approved yet, the procedures are the same.
F. For address change, change evidence is not necessary, except that natural person wants to change address across country.
G. Natural person who wants to change address across country, should provided evidence that he has been live there for one year.
H. If the trademark is sharing trademark, the following documents should be submitted:
A. If it ' s sharing trademark, except for the application form, agreement of change reached by other owners should also be submitted.
B. If applying for change the name of the owners of trademark, the name of all the owners should be written on the application form no matter change all the name of the owner of part of the name or the name of representative. Name and address of representative should be written on the first page of application form, and other owner ' s names should be written on the attached sheet.
C. For change of name and address of representative, the changed name and address should be written on the first page of application form in corresponding items, and the name and address before change should be written in the item of name and address before change on the first page of application form, and change evidence should be attached. If name and address of representative don ' t change, and the change of name and address is other owners ' , the name and address before change on the first page should be left blank.
D. For change of name of other owners ' , names of other owners before and after change should be written on the attached sheet, with the change evidence. If names of other owners don ' t change, their names should also be written.
B. Submitting application documents
Going to registration hall to submit application documents
Authorizing trademark agency to submit application documents
C. Official fees
RMB 500 for each change application
Official fees will be taken off from advanced payment made by trademark agency