In the process of trademark transfer, the trademark transfer process and trademark transfer information are the contents of the entire trademark transfer. Regarding the content of the transfer, some parties to the trademark transfer will handle a kind of trademark transfer notarization during the transaction process, while other parties will not handle the trademark transfer notarization. Do I need to apply for notarization of trademark transfer? Here is a detailed explanation on whether a trademark transfer requires notarization.
1. What is trademark transfer?
Trademark transfer refers to the act of a trademark registrant transferring, selling or transferring the registered trademark to another person for ownership and exclusive use. If a registered trademark is transferred, the transferor and the transferee shall simultaneously apply to the trademark authority for transfer registration or valuation within six months after the transfer.
Some countries stipulate that trademark transfer should be carried out simultaneously with the enterprise. China does not require the transfer of trademarks jointly with the enterprise, but it stipulates that the transferee should ensure the quality of the goods using the transferred trademark. Trademarks can also be priced as investments.
2. Does trademark transfer require notarization?
Notarization is not required. In fact, in many cases, notarization is no longer required for trademark transfers. For example, both the transferor and the transferee can submit applications directly without notarization. The transferor is an individual and the transferee is an enterprise that cannot be notarized first.
Notarization is recommended. If the transferee is an individual, the individual is a weak party in relation to the enterprise. In order to safeguard the legitimate rights and interests of individuals as much as possible, it is recommended to conduct notarization. The transferor's company is about to be transferred or canceled and cannot cooperate with the transferee in post-notarization. It is recommended that both parties complete the notarization work in advance to avoid future disputes.
Currently, the Trademark Law does not require notarization before trademark transfer. However, the risk of trademark transfer can be minimized through notarization. Therefore, the editor recommends that qualified companies or individuals conduct safe notarization of trademark transfers.
3. Preparatory materials for trademark transfer
Trademark transfer/registration application.
Proof of identity of transferor and transferee (copy).
The power of attorney issued by the transferee shall be handed over directly to the transferee in the reception hall, and the original and copy of the ID card of the transferee's agent shall be collected.
Transfer applicants should submit relevant supporting documents.
If the application documents are in a foreign language, a Chinese translation signed and confirmed by a translation agency should be provided.
4. Pay attention to these issues when transferring.
The transferor should ensure that he is the trademark owner, and before signing the contract, state what types of trademark use licenses are granted to enterprises or individuals, as well as the obligations of the trademark owner in the contract. If the license contract stipulates that the trademark owner shall not transfer its trademark rights to others, the trademark owner shall not sign a transfer contract. The transferee shall not disclose the business secrets and technical secrets provided by the transferor to the transferee for the transfer of trademark rights.
If the transferor transfers all the trademarks registered or applied for registration in various countries, the transfer contract must specify the name of the country that approved the registration, the name of the country that accepted the registration application and relevant information. Registered trademarks and the categories and specific names of the goods or services in the registered trademarks.
As the intangible wealth of enterprises and individuals, we must pay enough attention to trademark transfer and do our best to notarize trademark transfer to prevent unnecessary disputes in the future. If we want to facilitate the acquisition or transfer of trademarks, we can choose a safe third-party trademark transfer platform for trademark transactions. After all, the security of trademark transactions is the basis for the trademark transferor to choose a trading platform.