Question:
What contents and formalities are required for a letter of consent submitted to China’s Trademark Review and Adjudication Board (TRAB)?
Answer:
The letter must clearly state the names and addresses of the earlier owner and later applicant, the numbers of the earlier and later marks, and the goods or services covered by the consent. It must express consent to both registration and use of the later mark, rather than registration alone, and bear the earlier owner’s signature or seal.
If the earlier owner is a foreign company, the signed or sealed letter must be notarised by a local notary and legalised by the Chinese embassy or consulate. The original documents, together with their complete Chinese translations, may then be filed. If the owner of the cited mark is a Chinese company, the letter should be notarised.
