A trademark change solves the problem of updating the registrant's own information; license recordation solves the problem of registering an authorization for others to use the mark. Both are high-frequency formalities in day-to-day trademark management. This guide systematically explains their applicable scenarios, procedures and compliance points.
Part One: Operating Guide to Trademark Change
When a Change Is Mandatory
Article 41 of the Trademark Law provides that where a registered trademark requires a change of the registrant's name, address or other registered particulars, an application for change shall be filed. Typical triggering scenarios:
- Company name change: completing the business registration name change immediately triggers the duty to change the trademark name;
- Relocation of the registered address: moving across districts or cities, or changes in address wording due to administrative division adjustments;
- Deletion of goods items: voluntarily narrowing the scope of protection;
- Enterprise restructuring: a limited company becoming a joint-stock company, where the entity remains the same but the name changes.
Mind the boundary: where the entity remains the same but its information changes, use a change; where the owner of the right changes (sale, inheritance, merger or division), use an assignment (transfer). Where a surviving company succeeds to trademarks after a merger, a transfer rather than a change is the correct filing.
The Risk Ledger of Change
Article 49 of the Trademark Law provides that altering the registrant's name or address on one's own leads to an order from the local market regulation authority to correct within a time limit, with CNIPA cancelling the registered trademark for failure to comply. Beyond administrative liability, the more realistic costs are: non-use cancellation defense notices mailed to the old address leading to cancellation; renewal and assignment filings hit with corrections for name mismatches; and obstacles in platform onboarding and enforcement evidence.
The Change Procedure
Document preparation: the change application form, entity qualification proof (business license), the change certificate issued by the market regulation authority for name changes, and a power of attorney (if an agency is engaged).
Coverage: a name or address change must cover all registered trademarks under the registrant's name, with each registration number listed in the application. Changing only part of the portfolio leaves a trail of register chaos.
Filing and examination: online applications are submitted instantly; examination is mainly formal, with a cycle of about two to four months. Upon approval, a certificate of approval of change is issued for use together with the original registration certificate; no new certificate is issued.
Coordination with renewal: for marks nearing expiry, the change and renewal applications may be filed on the same day; CNIPA coordinates their handling, avoiding a chicken-and-egg deadlock of mutual prerequisites.
Part Two: Operating Guide to License Recordation
What License Recordation Is
Article 43 of the Trademark Law provides that where a registrant licenses another person to use its registered trademark, the licensor shall submit the license to CNIPA for recordation and publication; without recordation, the license may not be asserted against a bona fide third party. Recordation is handled by the licensor and is a registration-for-opposability procedure, not an approval.
Choosing Among the Three License Types
- Exclusive license: only the licensee may use the mark, and not even the licensor; the licensee may sue infringers independently. The most expensive type, suitable for deep binding of a core brand;
- Sole license: the licensor may use the mark itself but may not license others; the licensee may sue on its own if the licensor does not;
- Non-exclusive (ordinary) license: multiple parties may be licensed; the licensee must obtain the licensor's authorization to sue. Suitable for franchising, contract manufacturing and similar scenarios.
The license type must be stated expressly in the contract; ambiguous typing is the leading source of licensing disputes.
Essential Clauses of a License Contract
The licensed trademark and registration number; the license type; the goods scope (not exceeding the approved goods); the territory; the term (not exceeding the trademark's validity period); royalties and payment; quality standards and supervision mechanism; rules for use of the mark (the licensee must indicate its own name and the origin of the goods on the products); breach and termination; and the duty to cooperate in recordation.
The Recordation Procedure
The licensor files the license recordation application with CNIPA, attaching contract-related materials. The official fee is RMB 150 per class, with a 10% discount for online filing. Once reviewed, the recordation is published and the information enters the public register.
Where the trademark is near expiry, renew first and record afterward so the recorded term does not fall flat. Where a license is terminated early, its scope adjusted or its term extended, a recordation cancellation or modification should be filed accordingly to keep the register consistent with the facts.
The Real Consequences of Not Recording
The contract remains valid between the parties, but: when the trademark is assigned, a bona fide assignee may disregard the license and the licensee risks having to stop use; in infringement litigation, the licensee's standing to sue requires additional proof; and in conflicts arising from duplicate licensing, the unrecorded party is at a disadvantage.
Part Three: Coordinated Management of Both Formalities
Changes and license recordation often intertwine in practice. Key coordination points:
Change before recording after a renaming: where the licensor's name changes, complete the trademark change first, then process or update license recordations under the new name, keeping the authorization chain name-consistent.
Assignment during a license term: a recorded license continues to bind the new right holder only if the licensee's interests are properly arranged — license recordation must be a mandatory checklist item in assignment due diligence.
Ledger-based management: file change records, license contracts and recordation publication vouchers in the trademark archive, with fields including license type, term, licensee and recordation status, monitored together with renewal alerts.
Documented quality supervision: licensors should keep quality-control inspection records — both as proof of fulfilling the Article 43 duty and as defensive evidence in brand disputes.
Conclusion
Both change and license recordation are low-fee, short-cycle formalities; the real cost comes from delay and oversight. Link business registration changes with trademark changes, and contract signing with recordation and publication, and these two formalities turn from passive remedies into an active moat for the brand.
For the above process, you may book a trademark change service with a recorded trademark agent at MyTMBee, with full assistance from document preparation to filing follow-up.