Not legal advice. A buy-back is a CNIPA assignment, not a WeChat transfer. Paying a squatter is usually not a crime; paying without a recordable assignment is how you pay twice.
Buy-back means a trademark assignment that CNIPA examines and records. You are not the China owner until that recordal publishes. Build leverage first (opposition, invalidation or 撤三) unless the launch date leaves no time. Diligence the signer, pledges, freezes, and the cluster of same/similar marks — those often must transfer together. A licence is not a substitute if you need Customs recordal or to license a factory as owner. Structure payment so money moves with recordal, not before. Counsel should negotiate; brand managers should not freelance on WeChat.
Trademark Law (assignment). Assignment is filed with CNIPA. The Office may require same/similar marks on identical/similar goods to transfer together. Recordal, not the private SPA, changes the register.
Pledges, seizures, bad-faith limits. A pledged or frozen mark cannot cleanly transfer. Some bad-faith transfer patterns are refused. Diligence the register before you wire.
Licence does not make you the Customs owner.
Practical workflow
Do not wire to a personal wallet and hope.
Pull the full CNIPA extract and related marks.
Open or keep the CNIPA attack that creates leverage.
Draft assignment + closing memo with a China-admitted agent.
Stage funds against recordal, not against a PDF promise.
After recordal, Customs-record if you manufacture here.
Common mistakes
A licence is not Customs title.
Paying the cousin, not the registrant.
Buying one class and leaving the squat on the others.
Stopping your own application because “we bought it.”
China IP / trademarks:Zihang Duan, Songjiang Brand Law Firm — trademarks practice (directory profile). Cluster approved for publication; authorities section expanded post-approval to match family-cluster citation standard.
Last updated: August 2026 · Official fees and opposition periods can change — re-check CNIPA schedules before filing.
Source register · primary authorities and verification
Sources & trust
How to use this guide
Primary sources for this page (editorial source-check 2026-09-19): PRC Trademark Law. Prefer the current official Chinese text of each instrument over secondary commentary. Confirm current rules with qualified counsel. This page is not legal advice.
Editorial, AI and verification policies
This page is general information for orientation. It is not legal advice and does not create an attorney–client relationship.
Legal boundary: Prefer primary statutes, judicial interpretations, and official guidance when making decisions. Where this guide links to city hubs or lawyer listings, verify credentials and engagement terms directly with counsel. Full disclaimer · Submit an initial enquiry.
FAQ
Common questions
Quick answers for foreign nationals and employers. Rules vary by city and change over time.
Should we buy before or after filing invalidation?
Usually file first, then talk. Buying first without leverage is how the price triples.
Can we license instead of buying?
A licence can let you use the mark. It does not make you the registrant for Customs or factory control.
Is paying squatters unethical or illegal?
It is often unattractive and sometimes fuels the next squat. It is not, by itself, a bribery offence. Get counsel on sanctions/AML if the counterparty looks like a shell.
Who should negotiate?
China trademark counsel or a designated agent. Not the brand manager’s WeChat.
