A trademark change refers to the formalities by which, when the registrant's name, address or other registered particulars of a registered trademark change, the registrant applies to CNIPA to update the registered particulars. A change does not transfer ownership of the trademark; it only updates the register, and it is the most basic formality in trademark maintenance.
Legal Basis
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. Article 49 provides that where a registrant, in the course of using its registered trademark, alters the registered trademark, the registrant's name, address or other registered particulars on its own, the local administration for market regulation shall order correction within a time limit; if correction is not made by the deadline, CNIPA shall cancel the registered trademark.
Scope of Changeable Particulars
- Change of registrant's name: company renaming, renaming upon restructuring of a public institution, etc. — the entity remains the same but its name changes, and a change certificate from the market regulation authority is required;
- Change of registrant's address: relocation or adjustment of administrative divisions — handled on the strength of the business license;
- Deletion of goods items: voluntarily narrowing the approved scope of use;
- Other registered particulars: such as changing the trademark agent.
Note the distinction: a change applies where the entity remains the same but its registered information changes. Where the owner of the right changes (e.g., sale or inheritance), what is handled is an assignment (transfer), not a change — the two are entirely different in legal nature.
Filing Rules
Where the registrant's name or address is changed, all of its registered trademarks shall be changed together. Changing only some of them leaves inconsistent names in the register under the same owner, hampering subsequent formalities. Once a change application is approved, CNIPA issues a certificate of approval of change and publishes it; the registration certificate is not reissued, and the change certificate is used together with the original registration certificate.
Consequences of Not Changing in Time
- CNIPA mails defense notices for non-use cancellation and invalidation to the address in the register; a dead address means missed defenses, and the trademark may be cancelled;
- Renewal, assignment and license recordation are met with correction requests for name mismatches;
- Entity-consistency checks in e-commerce onboarding, customs recordation and litigation are blocked;
- Under Article 49, correction may be ordered within a time limit, with cancellation for failure to comply.
Practical Points
Business registration changes and trademark changes should be linked: once the company completes the business registration for a name change or relocation, immediately initiate change applications for all trademarks under its name. The official fee for a change is low and the cycle runs about two to four months — a low-cost, high-value maintenance action. Companies holding multiple trademarks should monitor them through unified trademark file management to avoid oversights.
The application of these concepts in practice varies in detail; before filing, you may consult a recorded trademark agent at MyTMBee for targeted analysis.