There are three main reasons why it’s crucial to promptly update the contact address when it changes for a Chinese trademark:
1、Compliance with Trademark Law: Promptly updating the trademark contact address is a fundamental requirement of the trademark management system. It assists the China National Intellectual Property Administration (CNIPA, formerly the Trademark Office) in better fulfilling its management duties, safeguards the legitimate rights and interests of the trademark registrant, maintains the stability of the trademark registration order, and makes trademark management more standardized and orderly.
2、Ensuring Document Delivery: The CNIPA primarily communicates with the trademark registrant by mailing documents to the contact address. If the address is changed but not updated, the registrant may fail to receive important documents sent by the CNIPA. These could include renewal notices, notices to respond to opposition actions, notices to respond to cancellation actions, and other critical communications. Missing these documents could lead to missed deadlines or failure to address important matters, impacting the maintenance and management of the trademark. In severe cases, it could even result in the loss of trademark rights.
3、Avoiding Trademark Cancellation: According to Article 49 of the Trademark Law of the People’s Republic of China, if a trademark registrant, while using a registered trademark, voluntarily alters the registered trademark, the name of the registrant, the address, or other registered particulars, the local administrative department for industry and commerce shall order rectification within a specified period; if the registrant fails to make rectification by the expiration of that period, the CNIPA shall revoke the registered trademark. Furthermore, if a registered trademark has not been used for three consecutive years and a third party applies for its cancellation, the CNIPA will send a notification to the registrant. If the registrant does not receive this notification due to an outdated address and consequently fails to provide evidence of trademark use within the prescribed timeframe, the CNIPA will issue a decision to cancel the trademark.