First, the application mode
There are two ways to apply for trademark change procedures:
(1) Entrusting a trademark agency registered in the Trademark Office.
(2) The applicant shall go directly to the registration hall of the Trademark Office.
Applicants can also go to the Trademark Office of Zhongguancun National Independent Innovation Demonstration Zone, and the address is: the registration hall on the second floor of Beijing Administration for Industry and Commerce, No.36 Suzhou Street, Haidian District, Beijing.
Second, the book format
(1) Application for change of name/address of trademark applicant/registrant/application for change of management rules of collective trademark/certification trademark/collective member list
(2) Application for Change of Trademark Agent/Document Receiver
The applicant shall fill in the corresponding application form according to the specific matters handled:
1. If the applicant needs to change its name/address, collective trademark management rules/certification trademark/collective member list, it shall fill in the Application for Change of Trademark Applicant/Registrant's Name/Address/Collective Trademark Management Rules/Collective Member List;
2. If it is necessary to change the trademark agent recorded in the archives of the Trademark Office or a foreigner/foreign enterprise needs to change its domestic document recipient, it shall fill in the Application for Changing the Trademark Agent/Document Receiver;
Three. Application materials and handling procedures
(1) Preparation of application documents
1. Application to be submitted:
A. To apply for changing the name of the trademark applicant/registrant, submit the following documents:
(1) application form;
(2) a copy of the applicant's qualification certificate (such as a copy of the business license of the enterprise, a natural person's ID card/passport, etc.). ) confirmed by the applicant's seal or signature (for example, it is handled directly in the registration hall of the Trademark Office and the Trademark Office of Zhongguancun National Independent Innovation Demonstration Zone, and the original is returned after comparison);
(3) A copy of the agent's ID card submitted by the applicant directly in the trademark registration hall; Where a trademark agency is entrusted, a power of attorney shall be submitted;
(4) Certificate of change issued by the registration authority. If the registrant is an enterprise, it shall issue a certificate of change of the registration department of the administrative department for industry and commerce; If the registrant is a public institution, it shall issue a certificate of change from the competent department of the public institution; If the registrant is a natural person, it shall issue a certificate of change issued by the local police station. The name before change and the name after change on the certificate shall be consistent with the name before change and the name of the applicant on the application. If a foreign enterprise or foreigner only needs to change the Chinese translation name, it shall provide a statement that the foreign enterprise or foreigner has applied for changing the Chinese translation name.
B. To apply for changing the address of the trademark applicant/registrant, submit the following documents:
(1) application form;
(2) the original qualification certificate of the applicant (such as a copy of the business license of the enterprise, the ID card/passport of a natural person, etc.). ) and a copy of the applicant's seal or signature (the original is returned after comparison);
(3) A copy of the agent's ID card submitted by the applicant directly in the trademark registration hall; Where a trademark agency is entrusted, a power of attorney shall be submitted;
(4) If the address of the trademark applicant/registrant is changed, there is no need to submit the certificate of change, except for the transnational change of address. If a natural person changes his address across national boundaries, he shall submit a certificate of right of abode in the country where the address is changed.
C. To apply for changing the management rules on the use of collective trademarks/certification trademarks, the following documents shall be submitted:
(1) application form;
(2) the original qualification certificate of the applicant (such as a copy of the business license of the enterprise, the ID card/passport of a natural person, etc.). ) and a copy of the applicant's seal or signature (the original is returned after comparison);
(3) A copy of the agent's ID card submitted by the applicant directly in the trademark registration hall; Where a trademark agency is entrusted, a power of attorney shall be submitted;
(4) The changed management rules for the use of collective trademarks/certification trademarks. Where the geographical scope of geographical indications is changed, it is necessary to submit the historical data defined by the geographical scope of geographical indication products or the documents issued by the people's government at or above the county level or the competent department of industry where the geographical indications are located.
D. To apply for changing the list of members of a collective trademark, the following documents shall be submitted:
(1) application form;
(2) the original qualification certificate of the applicant (such as a copy of the business license of the enterprise, the ID card/passport of a natural person, etc.). ) and a copy of the applicant's seal or signature (the original is returned after comparison);
(3) A copy of the agent's ID card submitted by the applicant directly in the trademark registration hall; Where a trademark agency is entrusted, a power of attorney shall be submitted;
(4) The list of members of the changed collective trademark.
E. An agent applying for trademark change shall submit the following documents:
(1) application form;
(2) the original qualification certificate of the applicant (such as a copy of the business license of the enterprise, the ID card/passport of a natural person, etc.). ) and a copy of the applicant's seal or signature (the original is returned after comparison);
(3) the power of attorney signed by the applicant and the changed trademark agency.
6. When a foreigner/foreign enterprise applies to change the recipient of domestic documents, it shall submit the following documents:
(1) application form;
(2) the original qualification certificate of the applicant (such as a copy of the business license of the enterprise, the ID card/passport of a natural person, etc.). ) and a copy of the applicant's seal or signature (the original will be returned after comparison).
2, specific instructions:
(1) Fill in one by one according to the requirements in the application, and it must be typed or printed. If the applicant is a natural person, fill in the ID number after the name, and the passport number should be filled in by a foreign natural person.
(2) When going through the alteration formalities, each trademark (each registration number) shall fill in the application for alteration and affix the seal of the applicant. If it is handled through a trademark agency, it needs to be stamped with the seal of the agent.
(3) Other documents that need to be signed or sealed by the applicant for the change formalities.
(4) If the trademark applied for change is a * * * * trademark, the following documents shall also be submitted:
1. Application for Change * * * If there is a trademark representative, an application for change of the name/address of the registrant shall be filled in, and a statement of consent of other * * * owners shall be submitted.
2. To apply for changing the name of the trademark * * *, whether it is to change the name of all * * * owners or some * * * owners, or to change the name of * * * owners, the names of all * * * owners shall be filled in the application form. The name and address of the representative should be written on the first page of the application, and the names of other * * * people should be written on the attached page of the application, and other * * * people do not need to fill in the address.
3. Where the name and address of the representative are changed, the name and address of the changed representative shall be filled in the column of the applicant's name and address on the first page of the application, and the name and address of the representative before the change shall be filled in the column of the name and address before the change on the first page of the application, and the corresponding certificate of name change shall be attached. If the name and address of the representative have not changed, and the names of other * * * people apply for change, the fields of "name before change" and "address before change" on the first page of the application need not be filled in.
4. If the names of other * * * personnel are changed, the names of other * * * personnel before and after the change (hereinafter referred to as the list of names before the change and the list of names after the change) shall be filled in respectively, and the corresponding change certificates shall be attached. If the names of other * * * people have not changed, the names of the * * * people who have not changed shall be filled in the list of names before change and the list of names after change on the attached page of the application.
(5) If the application documents are in a foreign language, a Chinese translation shall be provided.
If there are multiple registered trademarks under the name, the trademark registrant shall change all the registered trademarks together; If it is not changed at the same time, the Trademark Office shall notify it to make corrections within a time limit; If no correction is made within the time limit, it shall be deemed as giving up the application for change.
After a registered trademark has been approved and registered by the Trademark Office, the trademark registrant shall not change the registered items without authorization. However, within the validity period of registration, if the registered items of a trademark are changed due to changes in circumstances, it shall go through the corresponding formalities for changing the registered items at the Trademark Office in time. Only in this way can a trademark registrant enjoy the exclusive right to use a trademark according to law, and this right can be effectively protected by law.
References:
The application guide published on the website of the Trademark Office for the applicant to apply for trademark change, the change of registered name and address, the collective trademark certificate, the trademark management rules, the list of collective members, the trademark change agent and the document receiver.