How to handle the reissue of trademark change, transfer and renewal certificate

The certificate of change, assignment and renewal of a registered trademark is a certificate issued by the State Administration for Industry and Commerce to the trademark registrant to prove that the application for change, assignment and renewal has been approved by the Trademark Office. Once approved, the Trademark Registration Certificate shall not be reissued. Only when the certificate of change, transfer and renewal of the registered trademark is used together with the Trademark Registration Certificate can the current exclusive owner of the trademark be reflected. Therefore, if the certificate of change, transfer or renewal of a registered trademark is lost or damaged, the registrant shall apply to the Trademark Office for reissue in a timely manner.

1、 Legal basis

Paragraph 2 of Article 64 of the Regulations for the Implementation of the Trademark Law.

2、 Application documents

1. When applying for reissue of the certificate of change, transfer or renewal, the application document shall specify the specific type of the certificate of change, transfer or renewal applied for reissue.

2. If the trademark has been changed, transferred or renewed for many times, the name and address of the registrant before and after the change shall be specified if a certificate of change is reissued.

3. Where a transfer certificate is reissued, the names of the transferor and the transferee shall be specified.

4. Where a renewal certificate is reissued, the period of validity of the trademark renewal registration applied for reissue shall be specified.

5. The application documents shall meet the general requirements of formal examination.

3、 Applicant

1. The applicant who reissues the certificate of change, assignment or renewal shall be the trademark registrant.

2. If the name or address of the trademark obligee has changed and the trademark change application procedures have been handled, the application for reissuing relevant certificates can be approved.

3. If the applicant is the transferee of the trademark and the trademark transfer application is under review, it shall wait for the approval of the transfer and announce that the transferee has obtained the trademark right before applying for reissue of the relevant certificate.

4、 Trademark

The trademark applying for reissue of the certificate of change, transfer and renewal includes both the registered trademark and the trademark in the registration application, which should generally be in valid status.

5、 Review conclusion

1. 5 cases of disapproval

After examination, the application for reissuing a certificate of trademark change, assignment or renewal shall not be approved if any of the following circumstances exists:

(1) The name of the applicant is inconsistent with the name of the registrant registered in the archives of the trademark registration department.

(2) The reissue application with the same content has been approved, and the reissue application with the same content has been submitted repeatedly in a short period of time, and the previously submitted reissue application has been approved.

(3) The trademark has expired or the registration application process has ended without approval for registration.

(4) The specific business type and situation of change, transfer and renewal are not specified.

(5) Other situations where reissue should not be approved.

2. Approval of reissue certificate

After examination, if the application for reissuing a certificate of change, assignment or renewal is in full compliance with the provisions, the trademark registration department shall approve it and issue the registrant with the corresponding certificate.

6、 Precautions

1. The name and address of the applicant filled in the application for reissue of certificate shall be consistent with the current trademark registrant, and the trademark registration number and category shall be consistent with the original trademark registration certificate.

2. If the reissue of the certificate is handled at the same time as the change of the name of the trademark registrant, the application for reissue of the certificate shall be filed in the name of the trademark registrant before the change. If the seal of the original trademark registrant has become invalid, the application for reissue of the certificate shall be affixed with the seal of the trademark registrant after the change, and the certificate issued by the administrative department for industry and commerce shall be submitted.

3. If the reissue of the certificate and the transfer of the registered trademark are handled at the same time, the application for reissue of the certificate shall be filed in the name of the transferor.

4. If the applicant has not received the reissued registration certificate 6 months after filing the application for reissued certificate, he/she can inquire the Trademark Office for free; Where a trademark agency is entrusted, the trademark agency shall be responsible for inquiring the Trademark Office.

The certificate of change, transfer and renewal of the registered trademark can be used together with the Trademark Registration Certificate to reflect the current exclusive owner of the trademark. Therefore, if the certificate of change, transfer or renewal of a registered trademark is lost or damaged, the registrant shall apply to the Trademark Office for reissue in a timely manner.