Trademarks belong to the category of intellectual property. In the normal trade process, trademark transfer authorization is sometimes involved. So do you know the difference between trademark transfer and trademark authorization?
According to Article 39 of the Trademark Law of the People's Republic of China and the State: To transfer a registered trademark, the transferor and the transferee shall sign a transfer agreement and file an application with the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark. After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.
According to Article 40 of the Trademark Rights Law of the People's Republic of China, a trademark registrant can license others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark. If the registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark. The trademark license contract shall be reported to the Trademark Office for filing.
Trademark transfer authorization process:
The buyer selects the trademark he likes, and the agency customer service inquires to determine the legal status of the trademark, and communicates the transaction price with the buyer and seller. After signing the "Entrusted Purchase of Trademark Agreement", the buyer pays a certain transfer fee deposit in advance to the agency's designated account. At this time, the buyer provides proof of qualifications for the trademark transferee (individuals provide a copy of their ID card plus a copy of a valid annual self-employed license) ; The company provides a copy of the annual valid business license)
The agency signs the "Trademark Transfer Agreement" with the trademark holder, and the holder immediately handles the notarization of the "Trademark Transfer Statement" upon receiving the transfer fee deposit. 》, and sign and seal the transfer application and the complete set of documents required for the transfer.
After the notarization is completed, the original document will be scanned and sent to Verification. After the buyer verifies that it is correct, he will pay the balance; after the agency receives the balance, it will send the relevant information required for notarization and trademark transfer by express delivery. , after the buyer receives the information, he can use the trademark normally (exclusive authorization, usually completed within 7-15 working days)
The buyer will need to submit the relevant information to the Trademark Office, stamp/sign and return Send it to the agency. After receiving the information, the agency will submit it to the Trademark Office for processing within 7 working days. From the date of submission to the Trademark Office, the Trademark Office will issue a trademark transfer acceptance notice within 1-3 months, and a trademark transfer approval certificate within 6-12 months. (The specific time is subject to the time when the Trademark Office issues a document. After the Trademark Office issues a document to the agency, it will notify and send it to the buyer)
The above is the difference between trademark transfer and trademark authorized use. Trademark transfer authorization is not only The transfer time is fast and has a higher probability of success, higher commercial value, and the role of quickly establishing a brand; the transfer is completed after the buyer receives the original trademark transfer approval certificate.