TRADEMARK RENEWAL, MODIFICATION AND ASSIGNMENT
1． How long is the validity period of a trademark registration and what is the procedure for renewal?
The validity period of a trademark registration is ten years counted from the date of registration. A renewal application can be filed with the CTMO either within six months before the expiration of the validity period or within the six-month grace period after the expiration by paying an additional official fee. If no renewal application filed, the registration will lapse.
2． What are the requirements recording changes to an applicant/registrant’s name/address?
The timely recordal of name changes is highly recommended to avoid possible conflicts that may arise due to inconsistencies of the names. The following documents are required when filing an application to modify an applicant’s name
1）Application filed in the registrant’s new name/address；2）Certified copy of the Certification of Name Change issued by the relevant company registry；3）Power of Attorney signed in the new name/address.
According to the provisions of the law, the registrant is required to make the modification for all its registered trademarks.
3. What are the requirements for recordal of assignment/transfer of a trademark registration?
The assignment of a trademark registration must be recorded with the CTMO which will examine the application for assignment and publish it in the Gazette. The assignment will come into effect from the date of publishing. The following documents are required for recordal of a trademark assignment:
1) A trademark assignment form signed by both assignor and assignee； In the case of a merger in which the assignor no longer exists and cannot execute the assignment document, a certified copy of document issued by the company registry proving the merger must be submitted along with the assignment form signed by the assignee. 2) Power of Attorney signed by the assignee.
4. In case a registrant owns a number of similar registered trademarks in respect of similar goods, can he assign some of them to Party A, and some to Party B?
No. The essential function of a trademark is to identify the origin of goods/services. The marks in respect of identical or similar goods/services cannot be registered by different registrants so as to avoid confusion in consumers as to the origin of goods/services. The registrant must assign all its identical or similar registered trademarks to only one Party in connection with identical or similar goods/services.
5. If a trademark registrant dies or terminates, can a third party file an application to remove the registration?
Yes. Any person may, at the expiry of one year from the date of death or termination, apply to the Trademark Office for the removal of the registered trademark from the Trademark Register if no formalities of transfer have been conducted with respect to the registration. When applying for the removal, the applicant must submit evidence certifying the death or termination of the trademark registrant.
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