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-Filing | Paper 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 POA | Same |
| Key terms inserted directly to TMO’s online database, including standard goods/services appearing in licensor’s trademark registration | TMO’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-Filing | Paper 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 POA | Same |
| 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 |
