trademark transfer

1. If a registered trademark is transferred to another person, the transfer formalities of the registered trademark shall be handled at the Trademark Office. 2. Where the exclusive right to use a trademark is transferred due to enterprise merger, merger or restructuring, it shall go through the formalities for the transfer of a registered trademark at the Trademark Office. 3. Where the exclusive right to use a trademark is transferred according to a court decision, the transfer formalities shall also be handled. 4. When transferring a trademark, you need to transfer the similar trademark at hand. For trademark transfer or transfer, you should fill in the Application for Transfer/Registration of a Trademark. Since September 15, 22, a trademark that has been applied for but not yet approved for registration may also apply for assignment or transfer.

basic process of trademark transfer

1. The process of trademark transfer includes: application → acceptance → review → announcement → issuance of transfer certificate. 2. Documents required for trademark transfer: a. Application for Transfer/Registration of Trademark; B identification documents of the transferor and the transferee (photocopy); C. Submit the Power of Attorney issued by the transferee for entrusted agency, and submit the original and photocopy of the ID card of the transferee's agent directly in the acceptance hall; D. If applying for transfer, relevant supporting documents shall also be submitted; E. If the application documents are in a foreign language, a Chinese translation confirmed by the signature of the translation agency shall also be provided. 3. Time for trademark transfer: It takes about 6-1 months.

forms of transfer

the forms of transfer of registered trademarks include contract transfer and inheritance transfer. Contract transfer refers to the transfer of a registered trademark between the transferor and the transferee by signing a transfer contract; Inheritance and transfer refers to the death or incapacity of individuals and legally registered individual industrial and commercial households, and their registered trademarks are inherited by legal heirs. In practice, a large number of registered trademarks are transferred and registered by contract. To transfer a registered trademark, certain procedures should be performed according to law, and the transfer registration can only take effect after it is approved by the Trademark Office. Transferring a registered trademark without going through the relevant formalities with the Trademark Office is an act of transferring a registered trademark by itself. According to the provisions of Article 44 of the Trademark Law, it will be subject to administrative punishment, and in serious cases, the registered trademark may be revoked.

editing the transfer route of this paragraph

The applicant may entrust an organization with trademark agency qualification recognized by the State Administration for Industry and Commerce, or go directly to the trademark registration hall of the State Trademark Office. At present, there are nearly 8 trademark agencies recognized by the state, which are distributed in all provinces, autonomous regions and municipalities directly under the central government. The applicant shall decide whether to entrust an organization with the qualification of trademark agency to handle the transfer of a registered trademark or go directly to the Trademark Office according to his own specific situation. If the applicant is familiar with trademark laws and regulations and related procedures, and the postal service at his habitual residence or business place is in good condition, he can go directly to the Trademark Office for handling; If the above conditions are not met, it is best to entrust a trademark agency to act as an agent; Foreigners or foreign enterprises that have no habitual residence or business premises in China shall entrust a trademark agency to handle the transfer registration in China. In the process of examining trademark transfer, the Trademark Office often issues various documents to the applicant, such as notice of correction and rejection. Most of these documents require the applicant to make some amendments to the original application and reply. These documents are usually mailed by post office. In view of the fact that the postal channels in some parts of China are not very smooth, and some applicants' addresses have changed, the phenomenon that the documents issued by the Trademark Office are not received by the applicants often occurs, which affects the process of transfer registration. Trademark agents in trademark agency organizations are familiar with trademark laws and regulations, proficient in trademark business, able to accurately understand the intentions of clients and the Trademark Office, assist the parties to make accurate amendments to the documents requested by the Trademark Office, and make the examination of the application for transfer registration smoothly.

editing the handling channels in this paragraph

There are two ways to apply for the transfer of a registered trademark: (1) entrusting a trademark agency recognized by the state to handle it; (two) the applicant directly to the trademark registration hall of the Trademark Office. III. Format of Transferred Documents There is only one format of transferred documents, namely "Application for Transfer/Application for Registered Trademark".

editing the application procedures in this paragraph

preparing the application documents

The application documents to be submitted are: (1) Application for Transfer/Registration of Trademarks; (2) Identification documents (photocopies) of the transferor and transferee; (3) Power of Attorney issued by the entrusted agent; and the original and photocopy of the ID card of the transferee's agent directly handled in the acceptance hall. Relevant certification documents should also be submitted. (5) If the application document is in a foreign language, it should also provide a Chinese translation confirmed by the signature of the translation agency. (6) Provide the trademark seller's declaration certificate of the notary office. 1. Fill it out one by one according to the requirements on the application, and it must be typed or printed; 2. For the transfer of each trademark (each registration number), an application form shall be submitted, which shall be stamped with the seal or signature of the transferor and transferee, and the transferee shall go through the relevant formalities; 3, the applicant directly to the trademark registration hall, in addition to submitting the application, but also to submit a copy of the business license of both the transferor and the transferee and affix the official seal of the unit and the original and copy of the ID card of the handler (for the transfer application, it is not necessary to provide a copy of the transferor's identity certificate); If the transferee is a natural person, and it is handled by himself, it is enough to show his identity card and submit copies of the identity documents of the transferor and the transferee. Where a trademark agency is entrusted, a power of attorney for trademark agency is also required. 4. If the transferee is a natural person, the following matters should be noted: (1) Individual industrial and commercial households can apply for trademark transfer in the name of the transferee, or in the name of the person in charge registered in 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 an application for trademark transfer in the name of the transferee with the name registered in its Business License or the name registered in the registration documents of the relevant competent authorities, or it may file an application for trademark transfer in the name of all partners. Copies of the following materials shall be submitted when applying in the name of all partners: ① ID card of partners; ② Business license; ③ Partnership agreement. (3) Rural contracted business households can apply for trademark transfer in the name of the contracting party, and copies of the following materials should be submitted when applying: ① ID card of the contracting party; ② Contract. (4) Other natural persons who are authorized to engage in business activities according to law may file an application for trademark transfer in the name of the operator published in the registration documents issued by the relevant administrative authorities, and copies of the following materials shall be submitted when applying: ① the identity card of the operator; ② Registration documents issued by relevant administrative authorities. (5) If the transferee is a natural person when applying for trademark transfer, the scope of goods and services applied for trademark transfer shall be limited to the business scope approved by the transferee in the business license or relevant registration documents, or to its own agricultural and sideline products. 5. Where a trademark is transferred, if the assignor cannot affix its seal, the assignee shall submit the certificate or legal document that it has the right to accept the trademark. For example, if an enterprise transfers its trademark due to merger, merger or restructuring, it shall submit the merger, merger or restructuring documents and the certificate issued by the registration department. The merger, merger or restructuring documents shall prove that the trademark right is inherited by the transferee, and the registration department shall prove the relationship between the original registrant and the transferee and the actual state that the original registrant no longer exists; Where a trademark is transferred due to a court decision, a legal document issued by the court shall be submitted. The name of the person subjected to execution and the name of the enterprise that accepts the trademark on the legal document shall be consistent with the name of the assignor and the name of the assignee in the application. 6. If the trademark applied for transfer is a trademark of * * *, the following documents shall also be submitted: A. If the trademark is transferred from one person to several persons * * *, the name and address of the assignee shall be filled in the column of the transfer application, and the seal of the representative shall be affixed at the stamp of the assignee, and the names of other * * * owners shall be filled in the list of names of other * * * owners after the transfer on the attached page. B. If a trademark is transferred from several persons to one person, the name and address of the original representative shall be filled in the column of the transferor's name and address when filling in the application for transfer, and the stamp of the transferor shall be stamped with the seal of the original representative; The name and address of the transferee shall be filled in the corresponding column and sealed. The name of the original other * * * owner should be filled in the attached list of names of other * * * owners before the transfer, and stamped with the seal. The address of the original other * * * owner does not need to be filled in. C, because * * * has a trademark of * * * someone changed (including the increase or decrease of * * * people) and applied for transfer, when filling in the application form, the name and address of the original representative should be filled in the column of the name and address of the transferor in the application form, and the stamp of the transferor should be stamped with the seal of the original representative, and the name of the original other * * * people should be filled in the list of names of other * * * people before the transfer in the attached page. The transferee's name and address column of the application shall be filled with the name and address of the transferred representative, and the transferee's stamp shall be stamped with the transferred representative's seal. The names of other * * * people after the transfer shall be filled in the list of names of other * * * people after the transfer on the attached page and stamped. There is no need to fill in the address of other * * * people in the attached list.

submission of application documents

1. If the applicant goes to the trademark registration hall directly, the application documents will be submitted in the acceptance window of the trademark registration hall after they are ready, and the staff at the window will confirm whether the application documents are qualified. 2. If a trademark agency is entrusted to handle the application, the trademark agency shall serve the application to the Trademark Office.

Pay the transfer fee

A transfer application needs to pay the transfer fee, 1 yuan. If it is entrusted to a trademark agency, the applicant shall pay the transfer fee and agency fee to the trademark agency, and the transfer fee charged by the trademark office shall be deducted from the advance payment of the trademark agency.

Notes for editing this paragraph

1. Where a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods. 2. One month after the application for transfer is submitted, the Trademark Office will send a Notice of Acceptance to the transferee by mail according to the address filled in the application, and send a copy of the Notice of Acceptance to the registrant according to the address of the registrant recorded in the Trademark Office. 3. If the transfer application does not meet the legal requirements, the Trademark Office will notify the applicant in writing by post to make corrections within a time limit according to the address filled in the application. 4. After the transfer application is approved, the Trademark Office will send the transferee a certificate of transfer by mail according to the address filled in the application, and make an announcement on the transfer of the trademark. The date of signature on the certificate is the date of announcement, and the transferee enjoys the exclusive right to use the trademark from that date. 5. If the transfer application cannot be approved for other reasons, the Trademark Office will notify the applicant in writing by post according to the address filled in the application. 6. The transferee in the transfer application is owned by more than one person, and the relevant notice or certificate of the Trademark Office is only issued to the representative. Other * * * people need proof, should apply for a replacement. 7. If the applicant entrusts a trademark agency to handle the transfer application, the Trademark Office will not have any correspondence with the applicant directly, and all documents will be sent to the trademark agency. 8. The category of the application shall be filled in according to the international classification approved by the Trademark Registration Certificate. 9. Precautions for Natural Persons to Apply for Trademark Registration In accordance with Article 4 of the Trademark Law of the People's Republic of China, if a natural person engaged in the production, manufacture, processing, selection and distribution of goods or providing services needs to obtain the exclusive right to use a trademark, he shall apply to the Trademark Office for trademark registration. To apply for trademark registration and transfer in the name of a natural person, in addition to submitting the Application for Trademark Registration, trademark patterns and other materials in accordance with the relevant regulations, the following matters should also be noted: (1) Individual industrial and commercial households can apply for trademark registration in the name of the applicant with the name registered in their Business License for Individual Industrial and Commercial Households, or in the name of the person in charge registered in 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 an application for trademark registration in the name of the applicant or in the name of all partners. Copies of the following materials shall be submitted when applying in the name of all partners: ① ID card of partners; ② Business license; ③ Partnership agreement. (3) Rural contracted business households can apply for trademark registration in the name of the contracting party, and copies of the following materials should be submitted when applying: ① ID card of the contracting party; ② Contract. (4) Other natural persons who are authorized to engage in business activities according to law may file an application for trademark registration in the name of the operator published in the registration documents issued by the relevant administrative authorities, and copies of the following materials shall be submitted when applying: ① the identity card of the operator; ② Registration documents issued by relevant administrative authorities. (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 natural person in the business license or relevant registration documents, or to the self-operated agricultural and sideline products. (6) The Trademark Office will not accept an application for trademark registration that does not conform to the provisions of Article 4 of the Trademark Law and notify the applicant in writing. Where the applicant provides false materials to obtain trademark registration, the Trademark Office shall revoke the registered trademark. (7) If the transferee is a natural person, the application for trademark assignment shall be handled with reference to the above matters.

special statement for editing this paragraph

(1) The above contents are not official documents issued by the State Administration for Industry and Commerce or the Trademark Office of the State Administration for Industry and Commerce, so all contents are instructive and have no legal binding force. (2) The above contents were revised in February, 27. If there is any change in the future, or if it is inconsistent with the requirements of the receptionist in the trademark registration hall, the requirements of the receptionist shall prevail. The transfer of a registered trademark means that the owner of the registered trademark transfers his registered trademark to others within the scope permitted by law. (New) Provisions on Issues Concerning the Application for Transfer of Trademarks These Provisions shall come into force as of August 1, 29. In order to regulate trademark transfer, reduce trademark transfer disputes and avoid false transfer, these Provisions are formulated in accordance with the Trademark Law of the People's Republic of China and the Regulations for the Implementation of the Trademark Law of the People's Republic of China. 1. When going through the formalities for applying for trademark transfer, in addition to the materials such as the Application for Transfer/Application for Registered Trademark, copies of valid certificates with official seals that can prove the qualifications of both the transferor and the transferee shall be provided. If the Trademark Office has doubts about the authenticity and validity of the above-mentioned documents, it may require relevant certification documents or notarized copies, notarized and certified copies for documents formed abroad, and documents formed in Hong Kong, Macao and Taiwan.