Abstract: Trademark transfer is the act of a trademark registrant giving away, selling or transferring his registered trademark to others for exclusive use. The process of transferring a registered trademark is not complicated and generally includes application, acceptance, review, announcement, and issuance. These are the steps to prove the transfer. When transferring trademark rights, the transferee must be qualified as a trademark registration applicant. When transferring a special trademark, the transferee must attach corresponding certificates. Next, let’s learn more about it with the editor. What are the procedures for transferring trademark rights?

1. The buyer and the seller sign a "Trademark Transfer Contract/Agreement", and the trademark holder handles trademark notarization, which is usually completed within 3-5 working days, and obtains the "Trademark Declaration Notarization Certificate" 》.

2. Submit the prepared materials and notarial certificate to the Trademark Office, and then pay the transfer fee (usually 1,000 yuan).

3. The Trademark Office will issue the acceptance letter in about 1-2 months and start the review.

4. The Trademark Office will publish an announcement about 5-8 months after accepting the application and issue a "Certificate of Approval of Transfer of Registered Trademark" to both parties. This certificate must be used together with the original "Trademark Registration Certificate".

What should you pay attention to when transferring trademark rights?

1. The transferee must be qualified as a trademark registration applicant.

2. When transferring registered trademarks for tobacco products and human medicines, the transferee must attach corresponding certificates.

3. The transferor must transfer the same or similar trademarks registered on the same or similar goods together, but cannot transfer part of it, retain part for his own use, or transfer the other part to a third party. Three people.

4. If the trademark owner has licensed the trademark to others, before handling the transfer, he must obtain the consent of the licensee, handle the aftermath in accordance with the provisions of the license contract, and shall not be harmed by the transfer. Licensor’s Benefit.

What are the forms of trademark rights transfer?

1. Contract transfer

The transferor stipulates the content of the transferred registered trademark, mutual rights, obligations and Liability for breach of contract, etc. This form of transfer is generally paid, that is, the transferor charges a certain transfer fee by transferring the exclusive right to a registered trademark.

2. Succession and transfer

There are two situations for the inheritance and transfer of a registered trademark. One is that after the registered owner (natural person) dies, that is, after his or her life ends, an heir will inherit all the registered trademarks owned by the deceased according to inheritance procedures. The other is the inheritance and transfer when the enterprise as the owner of the registered trademark is merged or merged.

3. Transfer due to administrative order

This form of transfer generally occurs in countries with public ownership. The administrative orders mentioned here are mainly those plans and administrations that cause the transfer of property. For example, if my country's state-owned enterprises are divided, merged, dissolved or transferred according to administrative orders, the subject of registered trademarks will inevitably change.