Power of Attorney for a China Trademark Assignment

The parties and their agent are different fields

For an assignment from company A to company B, A is the transferor and B is the transferee. The trademark agency is the representative appointed to prepare and submit the filing. A power of attorney must not name company A as the "agent" merely because an operator uses A's account.

CNIPA's published assignment checklist requires the transferor's and transferee's identity-document copies and, where an agency handles the filing, powers of attorney issued by both parties. Check the current forms and signatures before submission.

Documents to prepare

The assignment application identifying the relevant application or registration.
Signed or stamped identity-document copies for both parties.
Each party's authorisation appointing the relevant agency and covering the assignment.
Chinese translations of foreign-language documents, confirmed as required by the filing instructions.
Any additional documents needed for co-ownership, a name change, a pledge, a court restriction or another special circumstance.

A company that has changed its legal name should resolve the recorded-name discrepancy. Foreign documents do not all require notarisation or authentication simply because they were issued abroad: check reciprocity, the type of document and any specific CNIPA request.

Assignment is not inheritance or succession

Where the former proprietor has died or ceased to exist, CNIPA's checklist provides a different route: the successor supplies documents or legal instruments establishing entitlement. The unavailable identity document and power of attorney of the former proprietor are not requested in the same way. See transfer versus assignment.

Check the whole portfolio

Identical or similar marks on the same or similar goods may need to be assigned together. Search related domestic registrations, pending matters and Madrid designations rather than checking only the number named in the contract. Do not assume that a domestic registration can simply be split by goods and its ownership divided through the assignment form; partial changes to Madrid international registrations follow a distinct WIPO procedure.

The commercial agreement and the registered right are also different. Under current Article 42, the transferee enjoys the exclusive trademark right from the announcement of the approved assignment; signing the contract alone does not update the register.

Frequently asked questions

Who is the agent on the power of attorney?

The trademark agency appointed to act, not the transferor or transferee merely because one of them operates an account. Each principal's identity and authority must be stated correctly.

Do both parties provide powers of attorney?

CNIPA's published checklist calls for powers of attorney from both transferor and transferee where an agency handles an ordinary assignment. Succession after death or termination has separate documentary provisions.

Are all foreign documents notarised?

No universal rule follows from foreign origin alone. Obtain the applicable checklist and check document type, reciprocity and any specific request before arranging certification.

When does the transferee obtain the registered right?

From the announcement of CNIPA's approved assignment under current Article 42. The parties should separately agree payment, completion and cooperation obligations in their contract.