As a company grows to a certain level, many businesses often choose to relocate to better locations or change their company names 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 modifies 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 the correction within a specified period; if the correction is not made upon expiration 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 registered trademark owner's name, address, or other registration matters must be submitted to the Trademark Office with a change application. For changes to the registered trademark owner's name, a change certificate issued by the relevant registration authority must also be provided. Upon approval by the Trademark Office, a corresponding certificate will be issued to the registered trademark owner and a public announcement will be made; if not approved, the applicant shall be notified in writing and the reasons shall be explained.
Additionally, the renewal procedures for the expired trademark cannot be processed as the registered owner of the trademark is the old company name, and since the company name has been changed, the original corporate seal is no longer valid.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 inconsistency between the company name on the new seal and the trademark registrant's name will result in the rejection of the trademark renewal application.
After a company's address or name change, remember that any trademarks under the company's name also require an update!
Trademark Revoked
Trademark Law stipulates: "If a trademark registrant unilaterally 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 correction within a specified period. If the correction is not made by the end of the period, the Trademark Bureau shall revoke the registered trademark."
Trademark Revoked
A provision in the Trademark Law states that any trademark that has not been used consecutively for three years may be applied to have it revoked 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 may miss the Trademark Office's notification.
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 Stalls
The trademark has a validity period of 10 years. If you wish to continue using the trademark after 10 years, you will need to renew it.
Ensure to 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 Transfers and Authorizations
Just like trademark renewal, when applying for a trademark transfer or authorization, it's necessary to verify the trademark information. Inconsistencies will result in rejection.
Impact on Market Entry
Now, to set up on e-commerce platforms or occupy formal venues like malls, a trademark certificate is required. Inconsistencies between the information on the trademark certificate and that on the business license may affect the company's entry.
Furthermore, the pledge of trademarks and the application for famous trademarks may be affected. We hope that enterprises will give sufficient attention to this matter.
