Guide to Trademark Registration and Protection in China (8) - Recordal of Trademark Licence

General Information

Where trademark registrant through execution of contract to allow the others to use its registered trademarks, it is called trademark license. Once a trademark license contract is signed, the licenser should, within 3 months from the conclusion of the contract, record same at the Trademark Office.

Where the licenser or licensee is an enterprise registered in China (e.g., solely invested with foreign founds or a joint venture), it should, within 3 months from the conclusion of the contract, submit a copy of the contract to the administrative authority for industry and Commerce at the county level of their locations for reference.

Upon approval, the China Trademark Office will give the Notification on Recordal of Trademark License Agreement and publish same.

Requirements on Entrusting an Application for Recordal of Trademark License

1) Instruction letter, stating the name and address of the licensee, preferably with Chinese versions
2) Copy of Trademark Registration Certificate.
3) Trademark Licence Agreement, original (or notarized), which shall indicate the period of validity (with specific dates) of license. The name of the licensor shall be identical with the name of the registrant on the registration certificate.
4) Chinese version of the Trademark Licence Agreement (We can undertake the translation).
5) Recordal Form of the Trademark Licence Agreement, original, executed by both the licensor and licensee.
6) Power of Attorney, original, executed by the licensor.
7) Two copies of trademark reproduction.
8) Where the designated goods of the licensed trademark are human medicine, baby foods, or dietetic products, copies of licensee's manufacture and sales licenses shall be submitted.

Notes

Necessary information and classes for a recordable trademark license contract:
1) the name and address of the licensor and the licensee
2) registration number
3) licensed goods/service: with the registered scope
4) licensed term: with the registration period