The standard trademark assignment process is: due diligence and signing → both parties jointly file the assignment application with CNIPA → CNIPA examination → approval and publication → the assignee acquires the exclusive right from the date of publication. The whole process generally takes four to six months.
Step One: Due Diligence and Signing the Agreement
The buyer first reviews the trademark file: validity period, class coverage, existence of similar trademarks, and any license recordation, pledge, non-use cancellation or invalidation proceedings. Once the mark is confirmed clean, the parties sign a trademark assignment agreement covering price, payment milestones, transitional use and liability for breach.
Step Two: Joint Filing of the Assignment Application
The assignor and assignee jointly file the application with CNIPA, submitting the assignment application form and both parties' entity qualification documents; where an agency is engaged, a power of attorney is attached. The application form must state the registration number and class. Note: identical or similar trademarks on the same or similar goods must be assigned simultaneously.
Step Three: CNIPA Examination
CNIPA examines the assignment application, focusing on:
- Whether both parties' standing and signatures/seals are in order;
- Whether all trademarks subject to simultaneous assignment are included;
- Whether the assignment is likely to cause confusion or have other adverse effects.
Where correction is needed, a correction notice is issued; where requirements are not met, the assignment is refused with written reasons.
Step Four: Approval, Publication and Transfer of Title
Once examination is passed, CNIPA publishes the assignment. The assignee enjoys the exclusive right from the date of publication, and CNIPA issues the assignee a Certificate of Approval of Assignment, which is used together with the original registration certificate.
Time Estimate
With complete materials and no corrections, the process from application to publication generally takes four to six months. It is advisable to tie the final payment to the approval publication to balance the risks of both sides. After closing, the buyer should also handle follow-up matters such as clearing license recordations and updating customs recordation, and bring the trademark into its own file management system.
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.