After the trademark is transferred, the ownership of the trademark also changes. When the company's name or address changes, the ownership of the trademark does not change. Trademark changes also require that all trademarks registered by the registrant must be registered together for change. So what are the legal procedures for trademark transfer? Legal procedures for trademark transfer

(1) If the transferor registers several identical or similar trademarks on the same or similar goods, they should be transferred together Transfer, one of them cannot be transferred separately.

(2) The transferor shall transfer all the exclusive rights of the registered trademark and is not allowed to transfer part of the goods designated for protection by the registered trademark.

(3) When transferring registered trademarks for human medicines, cigarettes, newspapers and magazines, the transferee shall submit valid certification documents for business approval by relevant departments.

(4) If the transferor is within the period of licensing others to use its registered trademark, it must obtain the consent of the licensee before transferring it to a third party.

To handle the transfer of a registered trademark, the following procedures must be submitted:

(1) The transferor and the transferee shall submit an "Application Form for Transfer of Registered Trademark" to the Trademark Office, The application procedures shall be handled by the transferee;

(2) Pay the transfer fee;

(3) Relevant supporting documents;

(4) Via trademark agent If organizing an agent, a power of attorney must be attached. Extended reading:

A trademark transfer contract means that the owner of a trademark transfers his trademark to another person in accordance with legal procedures, and the transferee enjoys the exclusive right to the trademark. 1. Review of the validity of a trademark transfer contract:

The review of the validity of a trademark transfer contract is mainly to review whether the contract is invalid or revocable, whether the transferred trademark is a trademark frozen by the people's court and whether a pledge registration has been carried out Trademark:

1. Review the contract to see if there are any circumstances stipulated in Article 52 of my country's Contract Law.

Article 52 of the "Contract Law" shall be invalid under any of the following circumstances:

(1) One party concludes the contract by means of fraud or coercion, harming national interests;

(2) Malicious collusion to harm the interests of the country, the collective or a third party;

(3) Covering illegal purposes in legal forms;

(4) Harm the interests of the public;

(5) Violate the mandatory provisions of laws and administrative regulations.

Article 54 of the Contract Law: For the following contracts, one party has the right to request the people's court or arbitration institution to change or cancel them:

(1) concluded due to major misunderstanding;< /p>

(2) It is obviously unfair when entering into the contract.

If one party uses fraud, coercion or takes advantage of others' danger to cause the other party to enter into a contract against its true intention, the injured party has the right to request the people's court or arbitration institution to change or cancel the contract.

If a party requests a change, the people's court or arbitration institution shall not revoke it

2. Examine whether the transferred trademark is a trademark frozen by the people's court and a trademark that has been registered as a pledge. During the freezing period and the pledge period, the trademark may not be transferred without the consent of the people's court and the pledgee. Otherwise, the trademark transfer contract will be invalid. 2. Review the terms of the trademark transfer contract:

1. The subject of the contract. The transferor of the contract shall be enterprises, institutions, social groups, individual industrial and commercial households, individual partnerships, and foreigners or foreign enterprises that legally enjoy the exclusive right to use trademarks. The transferee shall be limited to enterprises, institutions, social groups, individual industrial and commercial households, Individuals, partnerships, and foreigners or foreign enterprises.

2. Basic information about the trademark, including the trademark name, pattern, country, registration time, registration number, the category of goods or services for which the registered trademark is approved and the name of the goods or services.

3. Trademark rights licensing status. Before a trademark right is transferred, it often happens that the transferor has licensed the right to use the trademark to a third party. In order to protect the interests of the transferee, the transferee should clearly understand the rights status of the transferred trademark before signing the contract, clearly agree on the circumstances under which the transferred trademark is permitted to be used, and whether the transferee will continue to use the transferred trademark after signing the contract. You must bear the rights and obligations related to the licensed use.

4. After the trademark right is transferred, the transferee’s authority. The types of goods (or categories and names of services) that can use the trademark and the geographical scope in which the trademark can be used should be clearly agreed upon.

5. The nature of the transfer of trademark rights. It should be clearly agreed whether the transfer of trademark rights is a permanent transfer of trademark rights or a non-permanent transfer of trademark rights. Depending on the nature of the transfer, the transferee enjoys different rights periods.

6. Time for transfer of trademark rights. Depending on the nature of the transfer of trademark rights, the transfer time is also different. For permanent trademark rights transfers, it is generally agreed that the trademark rights will be officially transferred to the transferee after the trademark transfer and change registration procedures are completed in the trademark rights transfer contract. For non-permanent transfer of trademark rights, the transfer period should be agreed upon and the transferor will take back the trademark rights upon expiration of the transfer period.

7. Transfer fees and payment methods for trademark rights transfer. This clause should clearly stipulate the transfer fee, payment method and payment time. If it is foreign-related business, the currency exchange rate and calculation method must also be taken into consideration.

8. Handling trademark transfer procedures. It should be clearly agreed that both parties shall submit an application for transfer of a registered trademark to the Trademark Office at the same time, and the application procedures for transfer of a registered trademark shall be handled by the transferee. In addition, it should be agreed on who should bear the costs of changing the registrant.

9. Guarantee of product quality. The transferor of trademark rights requires the transferee to ensure that the quality of the products marked by the trademark is not lower than the original level of the transferor. The transferor should provide samples of the goods to the transferee and provide technical guidance or know-how for manufacturing such goods (may be In addition, sign a technology transfer contract); product instructions, product packaging, product maintenance methods, and, if necessary, a list of customers who frequently purchase the product should also be provided.

In the case of a non-permanent transfer, the transferor can supervise the transferee's production and has the right to inspect the transferee's production conditions and product quality.

10. Confidentiality obligations of both parties. It should be clearly agreed that both parties have the obligation to keep the other party’s production and business operations confidential. The transferee shall not disclose the technical secrets and business secrets provided by the transferor for the transfer of the trademark during or after the contract period.

11. Liability for breach of contract is an effective means to ensure the performance of debts and to protect and relieve the legitimate rights and interests of creditors. When parties to a contract fail to perform their contractual obligations or perform their contractual obligations inconsistently with the agreement, they will bear corresponding liability for breach of contract. The forms of liability for breach of contract include continuing to perform the contract, taking remedial measures, compensating for losses, paying liquidated damages, etc. Notes on liability for breach of contract:

① There is no clear agreement on various circumstances under which liability for breach of contract should be borne, so the liability for breach of contract clause cannot be applied.

② In the form of breach of contract for payment of liquidated damages or damages, there is no agreement on the calculation basis for liquidated damages or damages, making the breach of contract clause unoperable.

③ Misunderstanding the termination of the contract as a form of assuming liability for breach of contract or mistakenly believing that the contract can be terminated as long as there is a breach of contract

④ If the agreed liquidated damages are excessively higher than the losses caused, the party may Request the people's court or arbitration institution to appropriately reduce the amount. The law stipulates that "If the liquidated damages agreed upon by the parties exceed 30% of the losses caused, it can generally be deemed to be "excessively higher than the losses caused" as stipulated in Paragraph 2 of Article 114 of the Contract Law."

12. Dispute resolution clauses generally stipulate that both parties shall negotiate amicably first. If the negotiation fails, the dispute will be resolved through legal channels:

①. If litigation is used to resolve the dispute, all parties shall consider their own positions. Try to agree on the jurisdiction of the court where you are located.

②. If arbitration is adopted, each party shall try its best to agree on the jurisdiction of an arbitration institution in its own location based on its own position.

13. Legal applicable clauses. For situations where the two parties are in different countries, each party will try its best to agree on the application of the laws of its own country based on its own position. 3. Common legal risks in trademark transfer contracts:

(1) The transferor should pay attention

1. Make it clear that the transferee is limited to enterprises, institutions, social groups, individual industrial and commercial households, Individuals, partnerships, and foreigners or foreign enterprises. Natural persons who are not legally permitted to engage in business activities are restricted as transferees of trademark rights.

2. The trademark transfer fee should be paid in installments as much as possible. If part of the fee is paid when the contract is signed, the remaining part will be paid after the trademark transfer is approved and announced. Avoid agreeing to make a one-time payment after the trademark transfer approval is announced.

2. The transferee should pay attention

1. It should be clearly stipulated in the contract that the transferor has legal exclusive rights to the transferred trademark and that the exclusive right to the trademark is valid . The trademark registration certificate should be included as an attachment to the contract.

It should be reminded that the transferee cannot rely solely on the trademark registration certificate provided by the transferor, but must also investigate whether the transferor is the trademark registrant. In addition, you should know whether the nominal address of the trademark registrant is consistent with the name and address on the business license of the transferor. If the name and address on the business license of the transferor do not match the name and address on the registration certificate of the transferred trademark, the Trademark Office will The transfer application will be rejected.

2. In order to prevent confusion and consumer misunderstanding when different producers or service providers use the same trademark on the same type of goods or services. It should be clearly agreed that when a trademark owner transfers its registered trademark, it should be transferred to the same transferee together with its other identical or similar trademarks registered for the same or similar goods or services.

3. According to current regulations, a later trademark transfer cannot affect the validity of an earlier license. The licensee can continue to use the trademark during the validity period of the license, thereby adversely affecting the transferee of the transferred trademark. Therefore, the licensing status of trademark rights should be clearly agreed upon.

4. The transferor shall ensure that during the transfer period, it will not operate goods with the same or similar trademark within the effective registration area of ??the trademark, nor shall it engage in other activities that compete with the production and sales of the goods. . 3. Both the transferor and the transferee should pay attention

1. According to Paragraph 2 of Article 39 of my country’s Trademark Law, “After the transfer of a registered trademark is approved, it shall be announced. The transferee shall announce the transfer Since the transferee has not obtained the exclusive right to use the trademark from the date of signing the contract to the date of the approval announcement, the rights and obligations of both parties during this period should be clearly agreed upon.

2. When going through the procedures for transferring a registered trademark, it should be made clear that the transferor and the transferee should submit an application for transfer of a registered trademark to the Trademark Office at the same time.

In summary, when signing and performing a trademark transfer contract, both parties must have a full understanding of the transferred trademark, and should strictly follow the legal regulations to handle relevant procedures, so as to minimize legal risks.

1. When a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods together.

2. One month after the transfer application is submitted, the Trademark Office will send the "Notice of Acceptance" to the transferee by mail according to the address filled in the application form. At the same time, according to the transferred trademark recorded in the Trademark Office A copy of the "Notice of Acceptance" will be sent to the registrant's address.

3. If the transfer application does not comply with legal requirements, the Trademark Office will notify the applicant in writing by mail to make corrections within a time limit according to the address filled in on the application.

4. After the transfer application is approved, the Trademark Office will send the transfer certificate to the transferee by mail according to the address filled in the application form, and publish an announcement on the transfer of the trademark. The date of signature on the certificate is the date of announcement, and the assignee shall enjoy the exclusive right to use the trademark from that date.

5. If the transfer application cannot be approved due to other reasons, the Trademark Office will notify the applicant in writing by mail according to the address filled in the application form.

6. If there are multiple transferees in the transfer application***, the relevant notice or certificate from the Trademark Office will only be issued to the representative. If anyone else needs proof, they should apply for a reissue.

7. If the applicant entrusts a trademark agency to handle the transfer application, the Trademark Office will not directly have any correspondence with the applicant, and all documents will be sent to the trademark agency.

8. The category of the application should be filled in according to the international classification category approved by the "Trademark Registration Certificate".

9. Things to note when natural persons apply for trademark registration

In accordance with the provisions of Article 4 of the Trademark Law of the People's Republic of China, those engaged in production, manufacturing, processing, selection, If a natural person who distributes goods or provides services needs to obtain the exclusive right to use a trademark, he or she must apply for trademark registration with the Trademark Office. When applying for trademark registration and transfer in the name of a natural person, in addition to submitting the "Trademark Registration Application", trademark drawings and other materials in accordance with relevant regulations, you should also pay attention to the following matters:

(1) Individual industrial and commercial households can A trademark registration application can be filed in the name of the applicant using the trade name registered in his "Individual Industrial and Commercial Household Business License", or in the name of the person in charge registered on the license. When applying in the name of the person in charge, copies of the following materials should be submitted:

① ID card of the person in charge;

② Business license.

(2) An individual partnership may file a trademark registration application in the name of the applicant with the trade name registered in its "Business License" or in the registration documents of the relevant competent authority, or in the name of all partners** *Same as filing application for trademark registration. When applying in the name of all partners, copies of the following materials should be submitted:

①Partner’s ID card;

②Business license;

③Partnership agreement.

(3) Rural contract operators can apply for trademark registration in the name of the person who signed the contract. When applying, they should submit copies of the following materials:

① ID card of the person signing the contract ;

②Contract.

(4) Other natural persons who are legally permitted to engage in business activities may apply for trademark registration in the name of the operator listed in the registration document issued by the relevant administrative authority. Copies of the following materials should be submitted when applying. Documents:

① ID card of the operator;

② Registration document issued by the relevant administrative authority.

(5) The scope of goods and services for which a natural person applies for trademark registration shall be limited to the business scope approved by the business license or relevant registration documents, or to the agricultural and sideline products produced by the natural person.

(6) For trademark registration applications that do not comply with the provisions of Article 4 of the Trademark Law, the Trademark Office will not accept the application and notify the applicant in writing.

If the applicant provides false materials to obtain trademark registration, the Trademark Office will revoke the registered trademark.

(7) When applying for trademark transfer, if the transferee is a natural person, the above matters should be followed. Trademark transfer