When a company reaches a certain level of development, many businesses often choose to relocate to a better location or change their company name for various reasons. However, what should be done with the trademarks under the new name or address? According to Article 49 of the Trademark Law, if a trademark registrant unilaterally alters the registered trademark, the registrant's name, address, or other registered matters during the use of the registered trademark, the local administrative for industry and commerce shall order correction within a specified period; if no correction is made by the end of the period, the Trademark Bureau shall revoke the registered trademark.
Pursuant to Article 30 of the Implementing Regulations of the Trademark Law, any changes to the name, address, or other registered matters of a trademark registrant must be submitted to the Trademark Office in the form of an application for change. For changes to the name of the trademark registrant, a proof of change document issued by the relevant registration authority must also be submitted. Upon approval by the Trademark Office, a corresponding certificate will be issued to the trademark registrant and announced publicly; if not approved, the applicant shall be notified in writing and the reasons shall be explained.
Additionally, it is impossible to renew the trademark after its expiration due to the fact that the registrant of the trademark is the old company name, and since the company name has been changed, the original corporate seal is no longer valid. The new corporate seal with a different company name from the trademark registrant will not be approved for the trademark renewal application.
After a company changes its address or name, remember that any trademarks under the company's name also need to be updated!
Trademark revoked
Trademark Law stipulates: "If a trademark registrant alters the registered trademark, registrant, address, or any other registered matters during the use of the registered trademark, the local administrative department for industry and commerce shall order a deadline for correction; if no correction is made by the end of the deadline, the Trademark Bureau shall revoke the registered trademark."
Trademark Withdrawn After Three Years
A provision in the Trademark Law states that any trademark not used consecutively for three years can be applied to be cancelled by anyone.
If someone files a cancellation action against your registered trademark, the Trademark Office will send you a written notice. If you change your business address yourself, you might miss the Trademark Office's notice.
If you miss the deadline for providing evidence of trademark use, the Trademark Office will cancel your trademark.
Your trademark may have been cancelled without your knowledge.
Trademark Renewal Hurdles
The trademark is valid for 10 years. If you wish to continue using the trademark after 10 years, you must renew it.
Always verify trademark information during renewal. If you change the information but fail to conduct a trademark amendment, it may affect the renewal process.
Impact on Transfer and Licensing
Just like trademark renewal, when applying for a trademark transfer or authorization, it's necessary to verify the trademark information. Inconsistencies will result in the application being rejected.
Impact on Entering the Market
Now, to set up shop on e-commerce platforms or进驻 legitimate venues like malls, a trademark certificate is required. Inconsistencies between the information on the trademark certificate and the business license may affect the company's entry.
Additionally, the pledge of trademarks and the declaration of famous trademarks may be affected. We hope enterprises give sufficient attention to this matter.
