Legislation & Policy

Latest Requirements for PRC Trademark License Recordal and De-recordal

SIPSKnowledge, Legislation / Policy

It is now possible to record and de-record licenses of registered PRC trademarks through e-filing or paper filing.

As indicated below, it is no longer necessary to provide the Trademark Office (TMO) with a copy of the license agreement between the parties.

For e-filings (but not paper filings) there is also no need to secure signed application forms from the licensee.

All applications must however be accompanied by a recent version of the licensee’s business license.

However, under an amendment to the TMO’s Examination Guidelines in November 2021, de-recordal applications filed online must include an agreement signed by both the licensee and the licensor in order to be processed.

Recordal
E-Filing  Paper Filing
  1. Chopped copy of the licensee’s business license.
  1. Same
  1. Photocopy of the licensor’s business license (or certificate of incorporation)
  1. Same
  1. Scan of licensor’s signed POA
  1. Same
  1. Key terms inserted directly to TMO’s online database, including standard goods/services appearing in licensor’s trademark registration
  1. TMO’s standard application form signed/chopped by both parties containing key terms, including actual goods/services licensed.

NB: There is no need to restrict list of items to terms appearing in licensor’s TM registration, provided they do not exceed the scope of the same.

Optional: Copy of the TM license agreement

De-Recordal Applications
E-Filing Paper Filing
  1. Chopped copy of the licensee’s business license (best a recent version)
  1. Same
  1. Photocopy of the licensor’s business license (or certificate of incorporation)
  1. Same
  1. Scan of licensor’s signed POA
  1. Same
  1. Copy of contract between licensor and licensee confirming the de-recordal is agreed upon.
  1. Application form bearing chop (corporate seal) of both licensor and licensee