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Alert 337 China - New Practice for Trade Mark Assignment Recordals
The practice for assignment recordals in China has changed. The old practice of the China Trade Mark Office (CTMO) regarding trade mark assignment recordals was that once an assignment had been completed, the recorded trade mark agent would automatically be changed to the agent of the assignee in respect of the related mark(s), i.e. the agent who instructed the assignment recordal before the CTMO would become the agent on record for the related mark(s).
New Practice
If an assignment is completed prior to the publication dateof the assigned mark(s), the recorded trade mark agent will still automatically be changed to the assignee's agent. However, if the assignment is completed after the publication date of the assigned mark or relates to a registered mark(s), the recorded trade mark agent will not be changed and will remain as the existing agent on record. If the assignee's agent wants to be recorded as the agent on record for marks published after the date of the assignment, or for registered marks, they will need to file a change of agency application separately with the CTMO.
Our Comment
The CTMO has not issued any official documents/communication to explain the above changes formally, but it would appear that they have already been implemented. There will be cost implications. Currently, the official fee for recording a change of agent for each mark is about US$73. If there is a big assignment project, the costs could be very high. The client will be compelled to pay the costs if they wish their preferred agent to be responsible for the assigned marks.
For more information, contact Rachel Tan at rtan@iprights.com