Ten Points for Attention on Application for Trademark Modification! What should be noticed when applying for trademark modification?

1. If the name or address of the trademark registrant is to be modified, the trademark registrant shall change all registered trademarks together. For registered trademarks that need to be modified together, the applicant can apply for cancellation if they are no longer in use.

 

2. If the modification application needs to be rectified or corrected, the CNIPA will issue a rectification or correction notice to notify the applicant to rectify or correct within a time limit. If the applicant fails to make corrections as required within the prescribed time limit, the CNIPA has the right to regard the application for modification as abandonment or not to approve it.

 

3. After the application for modification of registered trademark is approved, the applicant will receive a certificate of modification by CNIPA.

 

4. For the application for modification of an unregistered trademark, the applicant will receive a notice of approval by CNIPA after the modification is approved.

 

5. For the application for modification being deemed as abandoned or not approved, the CNIPA will issue a notice of deeming as abandoning or disapproval.

 

6. After the approval of the application for modification of the jointly owned trademark, the certificate of modification is only issued to the representative.

 

7. If the applicant handles the application directly in paper form, the State Intellectual Property Office will deliver the corresponding documents to the applicant by mail according to the address filled in the application form; for the application entrusted to a trademark agency, it will be delivered to the agency.

 

8. When an applicant who submits a paper application simultaneously applies for the modification of multiple trademarks under his name, based on the original provision that only one modification certificate is required, the relevant identity certificate and power of attorney also only entails one copy. When applying for application, the applicant shall indicate the specific application documents where the above ones are located in the modification application form, and the scope of authority specified in the power of attorney shall include all of the trademarks for modification application by the applicant.

 

9. Modification of trademark attorney only refers to the modification application for the attorney of the registration application of the applicant who submitted the registration application before. After the trademark is approved for registration, there is no point in applying for changing the agent. If it needs to receive writs related to the subsequent passively occurring case of cancellation due to suspension of use for three consecutive years, case of revocation of a registered trademark to be a generic name, and the invalidation case for foreign registrant, the application for the modification of the document recipient should be processed.

 

10. To modify the attorney in the cases of cancellation due to suspension of use for three consecutive years, objection, non-registration reexamination, rejection of registration reexamination, invalidation, etc., it is required to directly submit an application for modification of the attorney to the department of case trial.

 

From Weizhishu

February 23rd, 2022


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