[Direct answer]In the Beijing area, if there are any changes to the name or address of a trademark registrant, the registrant shall promptly file an application for amendment. According to Article 41 of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019), if a registered trademark needs to change the registrant's name, address, or other registration items, the registrant shall submit an application for amendment; if the registrant's name or address is changed, all of its registered trademarks shall be amended together. If the registrant fails to amend all of its registered trademarks together, the Trademark Office will notify the registrant to make corrections within a specified time limit. If the registrant fails to make corrections within the time limit, it shall be deemed to have waived the application for amendment. Failure to amend the trademark information may result in obstacles to renewal, transfer, or rights protection. It is recommended that enterprises update their trademark information simultaneously after changing their names or relocating. For more details, please refer to the relevant provisions.Intellectual property protection and corporate legal services.

I. Problem background and typical scenarios

After a company changes its name or relocates, forgetting to update its trademark information is a common hidden risk. Typical scenarios include: the company completes its industrial and commercial name change, but the trademark is still registered under the old name, and is required to change it first when renewing or transferring; the registered address is not updated, and official documents cannot be delivered, resulting in the trademark being deemed abandoned; incorrect allocation of trademark ownership within the group; and only some of the trademarks under the company's name are updated, while the others are subject to a deadline for correction due to not being updated simultaneously. Many managers regard trademark changes as a minor matter, only to find that the inconsistency in the subject of ownership blocks the process when handling transfers or defending rights. Such ownership maintenance can be combined withBusiness and contract dispute services for enterprisesCoordinate and plan everything in an organized and efficient way to ensure that all tasks are completed on schedule and with high quality.

II. Key points of contention

There are three main points of contention. Firstly, the obligation of simultaneous amendment: if the name or address of the trademark owner changes, all trademarks under their name must be amended simultaneously. Any omission will trigger a deadline for correction. Secondly, information consistency: if the trademark registration subject does not match the business license, their rights ownership will be questioned in transfer, licensing filing, and infringement litigation. Thirdly, the cost of remediation: failure to amend in time may result in unsuccessful document delivery, and the deadline expiring will be regarded as a waiver of rights. The cost of remediation is high and may be irreversible. For cases involving corporate restructuring, relevant provisions can be referred to for reference.Attorney Xiong BinrongThe team's compliance experience in corporate legal services will incorporate trademark changes into the handover list.

III. Professional analysis by Hengluo Lawyers

Taking a trademark infringement and unfair competition case handled by Attorney Liu Yuanyuan of our firm as an example, we can see the value of stable trademark rights information and clear boundaries. The plaintiff, Company A, is a well-known trademark EFGH in the sanitary napkin field of Category 5; the defendant, Company B, was authorized by a third party to use the EFGK trademark and design patent in September 2023 to produce and sell similar products. Company A sued for compensation of 980,000 yuan in April 2024. Company B entrusted Beijing Henglu Law Firm to handle the case.Liu YuanyuanThe lawyer (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acted as the agent and argued that the defendant had legal authorization, that the trademark was not similar to the well-known trademark, and that the high compensation was unfounded. The court partially accepted the argument, finding trademark infringement but rejecting the claim of unfair competition, and awarded compensation of 60,000 yuan, which was 920,000 yuan lower than the original claim of 980,000 yuan. This case highlights that rights holders should pay more attention to basic management such as renewal and modification to ensure clear ownership and stable protection against infringement.

IV. Practical suggestions and legal basis

The legal basis is Article 41 of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019) regarding change applications, simultaneous change of all trademarks, and deemed abandonment upon expiration; and Article 30 of the Implementing Regulations of the Trademark Law of the People's Republic of China (amended on April 29, 2014 and implemented on May 1, 2014) regarding the rules on change application materials. Practical suggestions: After the change of name or relocation of the business, sort out all the trademarks under the name as soon as possible; submit the change application simultaneously to avoid omissions; check whether the approved announcement and the registration information are consistent after the change; and include the change in the settlement list of enterprise mergers and restructurings. For asset transactions, it can be combined with other relevant provisions.Business and contract dispute services for enterprisesImplement it.

5. Henglu Law Firm's Advice

Although trademark changes may seem minor, they serve as the foundation for renewal, transfer, and legal protection. After a company changes its name or relocates, it is essential to update all trademark information simultaneously, rather than just amending the business license. Omitting some trademarks may trigger a deadline for rectification, and failure to comply within the time limit will be deemed as a waiver. It is recommended to establish a trademark inventory and business registration information linkage mechanism, and conduct a trademark inventory before major changes. If the changes involve group restructuring or the transfer of multiple entities, it is advisable to entrust professional lawyers to handle the procedures centrally. Alternatively, you can seek assistance from professional trademark agencies or law firms.Special services and other case servicesPrevent ownership risks.

VI. Frequently Asked Questions

Q1: What are the consequences if a trademark is not amended, and will it be invalidated?

Not changing the name or address of the trademark holder does not directly lead to the trademark being invalidated, but it will seriously hinder the exercise of subsequent rights: renewal, transfer, and license filing may be rejected or require changes first due to inconsistent entities; if official documents fail to be delivered to the registered address, it may be considered as a waiver of rights. If all trademarks are not changed together when changing the name or address, the applicant will be required to make corrections within a specified period. Failure to make corrections within the time limit will be deemed as a waiver of the change application. Therefore, not changing the name or address is a potential risk rather than a minor issue, and it should be completed as soon as possible.

Q2: What materials are required to process a trademark change?

The core materials include: a change application form, the applicant's main qualification certificate (such as the business license after the change), a certificate of name or address change issued by the registration authority, and a list of trademark registration numbers; for entrusted agents, a power of attorney is also required. If the name is changed, the identity of the new and old entities should be verified. The materials must ensure consistency with the trademark registration book and other pending business. If there are multiple trademarks under the same name, the change application should be submitted together to avoid omissions that may trigger corrections.

Q3: How much does it cost to change a trademark?

The fee includes the change fee charged by the National Trademark Office. The standard is announced by the competent authority and the amount is relatively fixed, usually charged per item or per category. If you entrust an agency or a law firm, there will be additional service fees, which will vary depending on the number of trademarks and the complexity of the case. The specific fees will be determined by the contract. Compared with the hidden costs such as blocked transfers and difficulties in providing evidence for rights protection caused by failure to make changes in a timely manner, the cost of timely making changes is very low, making it a cost-effective measure to protect intellectual property rights.

Q4: How long does it usually take from applying for a trademark change to its approval?

After the Trademark Office accepts the application for amendment, it will review it according to law. In practice, the approval process usually takes several months, and the specific timeframe will depend on the progress made by the competent authority. After approval, the registered information will be updated, but this will not affect the existing exclusive right period of the trademark. Since the amendment is a prerequisite for renewal and transfer, it is recommended to handle it as soon as possible after changes in business information, so as to reserve time for subsequent operations and avoid delaying the critical stages of transfer or renewal due to pending amendments.

Q5: The company has changed its name. What's the first step in changing the trademark?

Here are the four steps suggested: 1. Obtain the proof of industrial and commercial change registration to confirm the identity of the new and old entities. 2. Inventory all registered trademarks under your name and compile a list of their registration numbers. 3. Submit the change application all at once to ensure no details are missed. 4. Follow up on the approval announcement and verify that the registered information is correct. If you are planning to transfer or renew a trademark at the same time, you should complete the change first before handling subsequent matters to avoid having to repeatedly correct inconsistent entity information. For transfers within a group, you can entrust a professional lawyer to handle all operations centrally.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit.Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.