The law does not mandate notarization for trademark assignment; a written assignment agreement signed by both parties plus a joint application suffices. However, where CNIPA doubts the authenticity of the expression of intent to assign, it will require notarized documents to be submitted; notarization is also a common risk-control measure for high-value transactions.
Statutory and Examination Practice
Article 42 of the Trademark Law requires only a signed assignment agreement and a joint application; notarization is not a statutory prerequisite. In examination practice, where the application materials raise doubts about signatures, involve complex relationships between the parties, or where the assignor is in inheritance or liquidation proceedings, CNIPA may notify the applicant to submit a notarized assignment declaration or related proof to confirm that the assignment reflects a genuine expression of intent.
Situations Where Notarization Is Advisable
- A natural person as assignor: the identity verification chain is short, and notarization fixes that person's genuine intent;
- A high assignment price: a notarized agreement serves as strong evidence for payment and breach-of-contract claims;
- The assignor is in liquidation or restructuring: the entity's status is in flux, and notarization clarifies authorization;
- Transfers of title involving inheritance or divorce property division: ownership must first be established through notarized certificates or similar documents.
What to Notarize
The common practice is to notarize the Trademark Assignment Agreement or the assignor's Declaration of Consent to Assignment, certifying that the signing act and the expression of intent are genuine. The notary office verifies the parties' identities, the ownership of the trademark and the signing process.
Risks of Skipping Notarization
Skipping notarization does not necessarily doom the assignment, but if disputes arise — the assignor reneging, signatures being denied, co-owners objecting — the burden of proof becomes far harder. Given that notarization fees are a very small fraction of the trademark price, notarization is highly cost-effective protection for larger transactions. Tying payment to approval and publication, and engaging a professional agency to handle the process, further reduces transaction risk.
If you are unsure about any of the above, you may first apply for a trademark assignment through MyTMBee and act on the analysis provided by a recorded trademark agent.