PRC Trademark License Recordal (and De-recordal)

By East IP

The Trademark Office (TMO) of CNIPA allows the recordal and de-recordal of trademark licenses through simplified e-filing, as well as through paper filing.

When filing electronically, it is not necessary to provide the TMO with a copy of the license agreement between the parties.

Further, for e-filings – but not paper filings – there is no need to secure signed application forms from the licensee.  Thus, the entire process can be handled by the licensor on its own.

All applications must however be accompanied by a recent version of the licensee’s business license.

As for de-recordal applications, however, rules issued in 2021 require that e-filings must include a copy of an agreement signed by both the licensee and the licensor.

Recordal

E-FilingPaper Filing
Chopped copy of the licensee’s business license.Same
Photocopy of the licensor’s business license (or certificate of incorporation)Same
Scan of licensor’s signed POASame
Key terms inserted directly to TMO’s online database, including standard goods/services appearing in licensor’s trademark registrationTMO’s standard application form signed/chopped by both parties containing key terms, including actual goods/services licensed. NB: There is no need to restrict list of items to terms appearing in licensor’s TM registration, provided they do not exceed the scope of the same.
Optional: Copy of the TM license agreement

De-Recordal Applications

E-FilingPaper Filing
Chopped copy of the licensee’s business license (best a recent version)Same
Photocopy of the licensor’s business license (or certificate of incorporation)Same
Scan of licensor’s signed POASame
Copy of contract between licensor and licensee confirming the de-recordal is agreed upon.Application form bearing chop (corporate seal) of both licensor and licensee

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