How to transfer the exclusive rights of trademarks? What is the transfer process? Let’s take a look at the following article brought to you by the editor: Transfer of exclusive rights to trademarks?, which may be what you need.
What is the trademark transfer process and how much is the trademark transfer fee?
1. What is the trademark transfer process?
The legal requirements for transferring a registered trademark are formalities. In China, after the transferor and the transferee reach an agreement on the transfer of a registered trademark, they should both submit applications to the Trademark Office. The specific process is:
(1) Fill in the "Application Form for Transfer of Registered Trademark". The application shall be in the form prescribed by the State Administration for Industry and Commerce, stating the number and name of the transferred trademark, the name and address of the transferor, the name, address and business license number of the transferee, and shall be stamped with the seals of both parties.
(2) Attached are relevant documents. When submitting the transfer application, you should also submit the original registration certificate, a copy of the transfer application trademark contract and other documents;
(3) Pay the transfer application fee and transfer registration fee. The application for transfer of a registered trademark will be reviewed by the local industrial and commercial administration department and submitted to the Trademark Office for review. After approval, it will be published in the "Trademark Announcement" and the original "Trademark Registration Certificate" will be annotated and issued to the transferee, and the transfer will be completed. .
What information is required for trademark transfer?
1. "Trademark Agency Power of Attorney": If you entrust a trademark agency to act as an agent, you must provide a power of attorney stamped with the transferee's stamp. If transferees outside the mainland want to apply for trademark transfer in China, they must entrust a trademark agency to do so.
2. "Application Form for Transfer of Registered Trademark": If you entrust an agency to apply for trademark transfer, it will be prepared by the agency and stamped or signed by both the transferor and the transferee.
3. Copies of the transferee’s business license or certification documents of public institutions, associations and other organizations with legal person status. If the transferee is outside the mainland, such documents are not required.
2. How much is the trademark transfer fee?
Trademark transfer fees generally include two parts:
1. Trademark transfer acceptance fee: the fee for applying to transfer a trademark The acceptance fee is 1,000 yuan, and the acceptance fee is paid directly to the National Trademark Office, which charges an official fee of 1,000 yuan;
2. Trademark transfer agency fee: If you entrust an agency, you will also need to pay a certain agency fee. .
What are the matters needing attention in trademark transfer?
Regarding the handling of trademark transfer, it is important to note that:
(1) The transfer of a registered trademark must be between the transferor and the transferor. After the transferee signs the "Transfer Agreement", he must also go to the State Trademark Office to apply for approval. Only after the State Trademark Office approves the transfer, the transferee can officially obtain the exclusive right to use the trademark;
(2 ) Identical or similar trademarks registered on the same or similar goods shall be transferred together, otherwise, the Trademark Office will be deemed to have given up the transfer application;
(3) After the Trademark Office accepts the transfer application, If it complies with legal provisions, it will be approved; if it does not, it will not be approved.
In practice, some companies sign a "Trademark Transfer Agreement" with others. After paying the transfer fee and using the trademark or obtaining the other party's "Trademark Registration Certificate", they do not go through the trademark transfer approval procedures. . Failure to obtain transfer approval procedures from the Trademark Office means that the ownership of the trademark is still in the name of the transferor. Legally, the transferor is still the exclusive owner of the trademark. The transferee has not obtained legally recognized ownership of the trademark. Therefore, we It is emphasized that after entering into the "Trademark Transfer Agreement", you must apply for trademark transfer and obtain the "Registered Trademark Transfer Certificate" issued by the Trademark Office. Otherwise, this will be a huge legal risk for the transferee.
The above is the "Transfer of the Exclusive Rights of Trademark" provided by the editor. I hope you like it!
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