A tea company needs to handle the transfer of trademarks, but how do they handle the transfer of trademarks? The editor has compiled the trademark transfer of tea companies to share with everyone. Welcome to read, for reference only!

Main terms of the trademark transfer contract

Article 39 of the Trademark Law of the People's Republic of China: When a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement , and apply to the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark.

The trademark transfer contract needs to include the following main clauses:

(1) The names, addresses, legal representatives, etc. of the transferor and the transferee;

( 2) Basic information about the transferred registered trademark, including: trademark pattern, name, registration date, next renewal date, and the goods or services covered by the registration of the trademark;

(3) Transfer Fees and payment methods;

(4) How and when the contract takes effect;

(5) Liability for breach of contract and signatures of both parties, etc.

How to apply for trademark transfer

Trademark transfer must use the unified format application form developed and published by the State Administration for Industry and Commerce. The application form can be obtained from the Registration Hall of the Trademark Office. It can also be downloaded from the professional intellectual property website. If a trademark agency is entrusted to handle the matter, it will be provided by the agency. To apply for trademark transfer, the following documents must be submitted to the Trademark Office:

1. "Trademark Transfer Authorization Letter" stamped with the official seal of the transferee;

2. "Trademark Transfer Application Form" 》One copy, the application form should be stamped with the seals of the applicant and the transferee;

3. If applying for transfer, relevant supporting documents should also be submitted;

4. The transferee Provide a copy of the "Business License";

5. If the application document is in a foreign language, a Chinese translation signed and stamped by the applicant or the agency organization should also be provided;

6. Pay trademark transfer application fees and other fees as required.

If the trademark applied for transfer is owned by ***, the following documents should also be submitted:

1. The trademark is transferred from one person to multiple people. When filling in the transfer application, the name and address of the representative should be filled in the columns of the transferee's name and address, and the representative's seal should be stamped on the transferee's seal. The names of other legal persons should be filled in the transfer information on the attached page. After that, the names of other people will be included in the list and stamped, and the addresses of other people will not need to be filled in.

2. If a trademark is transferred from multiple persons to one person, when filling in the transfer application, the name and address of the transferor should be filled in the name and address of the original representative. The seal of the original representative shall be affixed to the stamp; the name and address of the transferee shall be filled in the corresponding columns and affixed with a seal. The name of the original other owner should be filled in the name list of other owners before the transfer on the attached page and stamped. The address of the original other owner does not need to be filled in.

3. If you apply for transfer due to changes in the owner of a trademark (including the increase or decrease of the owner), when filling out the application form, you should include the name of the original representative The name and address should be filled in the column of the name and address of the transferor in the application form. The stamp of the transferor should be stamped with the seal of the original representative. The name of the original other *** person should be filled in in the name of the other *** person before the transfer on the attached page. list, and affix a seal; the name and address of the transferee in the application form should be filled in with the name and address of the representative after the transfer, the stamp of the transferee should be stamped with the seal of the representative after the transfer, and other information after the transfer** *The name of the person should be filled in the list of names of other *** persons after the transfer on the attached page and stamped. There is no need to fill in the addresses of other *** persons in the list on the attached page.

Things to note when signing a trademark transfer agreement

(1) Issue of illegal transfer

The so-called illegal transfer of a registered trademark means that the transferor of the registered trademark is not the registered trademark. The owner of the trademark, or does not represent all trademark owners, or secretly transfers the registered trademark without the consent of the owner of the registered trademark rights by concealment, fraud, forgery and other improper means. Due to the objective loopholes in the existing trademark transfer procedures, it is not difficult to do such a thing. Although it is entirely possible to solve and protect the interests of the trademark rights holders through legal channels afterwards, the heavy losses suffered by the parties will be irreparable. of.

(2) The issue of invalid transfer

The so-called invalid transfer means that the transfer of a registered trademark does not comply with the restrictions stipulated by the law firm, although both parties to the trademark transfer have signed a trademark transfer agreement, and Party B has also paid the trademark transfer fee, but the registered trademark transfer application cannot be approved by the State Trademark Office. Therefore, the transfer of the trademark is invalid because the trademark cannot be approved for transfer, so the owner of the trademark remains unchanged.

Since the National Trademark Office takes at least half a year to review the transfer of a registered trademark, it can take up to more than a year. In addition, after both parties to the transfer sign a trademark transfer agreement, they need to pay the transfer fee and prepare the relevant trademarks. Transfer application documents, mail and print, etc. Therefore, after the trademark transfer agreement is signed, the transferee cannot immediately determine whether the transferred trademark can be approved for transfer and registration by the State Trademark Office, and it will take at least six months to do so

(3) The issue of partial transfer

The so-called partial transfer means that the transferor of a registered trademark does not transfer other similar similar trademarks related to the transferred trademark rights to the trademark transferee, but retains them intentionally or unintentionally. Or it conceals some similar trademarks that are similar to the transferred trademark. After the trademark is transferred, the transferor can still use other trademarks that are similar to the transferred trademark, causing substantial harm to the trademark transferee.

(4) The problem of concealing the rights and interests of the transferred trademark

When transferring the trademark, the trademark transferor concealed that the trademark had been licensed to others and pledged for debt before the transfer. , being transferred and other issues, which affect the rights and interests of the trademark transferee after the trademark is transferred.

The above is the tea company trademark transfer provided by the editor. I hope you will like it!

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