The most important significance of the trademark transfer announcement period is to make the application for trademark transfer legally effective. So how to check the trademark transfer announcement? What should we pay attention to when searching for trademark transfer?
How to query the trademark transfer announcement:
The announcement period for trademark transfer is the same as that for registration, and the opposition period is three months from the date of announcement. If you are dealing with a trademark transfer, you can call and ask your own exclusive trademark consultant. Or log in to the trademark announcement of the State Trademark Administration to query, or use the trademark status query and enter the corresponding trademark number.
The applicant can entrust an agency to transfer a registered trademark or handle it by himself. The process is:
(1) Prepare the application documents and submit a trademark transfer application to the Trademark Office, and pay The fee is 500 yuan;
(2) The Trademark Office accepts the application, issues an acceptance notice within 1-2 months and starts the review;
(3) The Trademark Office An announcement will be published in 5-8 months, and the certificate will be issued after no objections are raised.
In order to pass the trademark transfer safely during the announcement period, comprehensive precautions must be taken to avoid objections to the trademark transfer from those who have an interest in the trademark rights. For example, ensure that all trademark rights holders agree to transfer the trademark, confirm whether the trademark is licensed and obtain the consent of the licensor, and the same or similar trademarks or partial trademarks may not be transferred to a third party, etc.
What matters need to be paid attention to when searching for trademark transfer?
1. Trademark transfer must be approved by the Trademark Office before it can be protected by law. Otherwise, the transfer will be deemed invalid. Article 42 of the Trademark Law stipulates: When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and submit applications to the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark.
2. If a registered trademark is transferred together, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods. . This is also stipulated in Article 42 of the Trademark Law. For example, if you have three similar trademarks, you must transfer them together. You cannot transfer only one or two of them.
3. If a third-party licensed trademark transferor is licensing others to use its registered trademark, it must obtain the consent of the licensee before transferring it to a third party. To put it simply, if you have a trademark that is used by others, if you want to transfer it at this time, you need the consent of others.
4. The transfer cannot be terminated. The transfer of a trademark cannot be suspended. If both parties submit an application, if it is to be revoked, it can only be transferred twice. The trademark can be transferred to the original transferor. This is the only method. .
5. If the transfer fails, the trademark under application can also be transferred, but if the application cannot be approved, the transfer will be unsuccessful. Both parties to a trademark transfer must have a business license, and natural persons must have an individual license, otherwise they cannot apply. If the enterprise cancels or the individual dies, and the trademark transfer procedures are not completed within one year from the date of cancellation or death, the trademark transfer procedures can no longer be processed, and the trademark ownership will naturally disappear.
6. From the perspective of transfer security, it is recommended that the transfer public obtain a notarization, so that both parties to the transfer can feel at ease.