Checked: 2 November 2026 (official source pages); check updates before publication.
Direct answer
Yes, a registered owner can grant a trademark licence, but the agreement, product-quality duties and official recordal questions should be handled separately.
Keep ownership and permission distinct
A distributor agreement may permit sales without deciding who owns the China trademark. Start with the registered owner and the approved goods or services. Then identify the actual mark the distributor will put on products, packaging and advertising. A licence should define the permitted products, territory, term, quality controls, reporting, online accounts and what happens when distribution ends. Those are drafting questions, not claims that one template fits every relationship.
Read the China law alongside the contract
Article 43 of the 2019 Trademark Law permits a registered owner to licence use by contract. It addresses quality supervision, the licensee’s quality obligation, identification of the licensee and origin on goods, and recordal of the licence; an unrecorded licence cannot be asserted against a bona fide third party. The 2026 revision takes effect on 1 January 2027 and includes licensing rules in Article 55, including an express termination right where the licensee fails its quality-assurance duty. The precise effect of any existing contract needs its dates and wording reviewed.
Build evidence of controlled use
Record dated agreements, approved artwork, product and packaging samples, quality checks, invoices and distribution reports. A paper licence without evidence of actual permitted use may be a poor answer to a later use dispute. If the distributor markets under a Chinese translation, confirm whether that sign is part of the registered portfolio. If the relationship crosses borders, identify which agreement governs China-specific use and who receives official notices. ## Questions to resolve before action
- Who is the registered owner and who will actually use the mark?
- Which mark versions and goods are licensed?
- Who checks quality and keeps dated records?
- Is licence recordal required for the intended legal effect?
Official sources and scope
- https://www.cnipa.gov.cn/art/2019/7/30/art_95_28179.html
- https://www.cnipa.gov.cn/art/2026/6/26/art_3686_206940.html
- https://www.cnipa.gov.cn/module/download/downfile.jsp?classid=0&filename=90e629cd05114970bb26ce028198002c.pdf
As checked on 2 November 2026, the 2019-amended Trademark Law is the current law. The revised law was adopted on 26 June 2026 and is scheduled to take effect on 1 January 2027 (Article 87). A consultation draft is not an operative rule. Confirm the governing text and any final implementation or transition measure for the date of the specific matter. This article is ChanYond’s independent reading aid, not a CNIPA statement or case-specific legal advice.