Yes. A registered trademark is a legally recognized property right and may be assigned to others in accordance with the law. The assignor and assignee sign an assignment agreement and jointly file an application with CNIPA; upon approval and publication, the assignee enjoys the exclusive right to use the trademark from the date of publication.
What the Law Provides
Article 42 of the Trademark Law provides that, to assign a registered trademark, the assignor and the assignee shall sign an assignment agreement and jointly file an application with CNIPA. The assignee shall guarantee the quality of the goods on which the registered trademark is used. An approved assignment of a registered trademark shall be published, and the assignee enjoys the exclusive right to use the trademark from the date of publication.
Two key phrases deserve attention: first, joint application — an assignment does not take effect merely by signing a contract; the parties must complete the formalities together before CNIPA. Second, approval and publication — the exclusive right is transferred only from the date of publication.
Points to Check Before Assigning
- Verify the trademark's status: whether it is within its validity period, and whether it is subject to non-use cancellation, invalidation, pledge or license recordation;
- Simultaneous assignment of similar trademarks: identical or similar trademarks registered on the same or similar goods must be assigned together, otherwise the assignment will not be approved;
- Clarify the price and payment milestones: in practice, installment payments are common, with approval and publication as the key milestone;
- Agree on transitional use arrangements: who uses the trademark and how before publication should be spelled out in the agreement.
Trademarks That Cannot Be Freely Assigned
A trademark under a registered pledge may be assigned only with the pledgee's consent; a trademark frozen by a court may not be assigned during the freeze; the assignment of collective marks and certification marks is subject to special restrictions. In addition, CNIPA will not approve assignments that are likely to cause confusion or have other adverse effects.
Engaging a professional agency to conduct due diligence and handle the formalities can significantly reduce transaction risk for both parties.
In similar situations, it is advisable to consult a recorded trademark agent at MyTMBee first, assess whether a trademark assignment is needed, and then decide on the next step.