Notes on trademark transfer:

1. A written agreement must be signed for the transfer of a registered trademark. The Trademark Law stipulates that when a registered trademark is transferred, the transferor and the transferee shall sign an agreement. In the actual operation of trademark transfer, most of them are stipulated in a written agreement. You should also pay attention to clarify whether the transfer is paid or free, settlement method, liability for breach of contract, dispute settlement, etc.;

2. Notarization of trademark transfer

Normally speaking, in order to ensure the smooth progress of trademark transfer and shorten the trademark transfer cycle, trademark transfer is generally carried out fairly. Fairness of trademark transfer is not mandatory. If the transfer agreement submitted is flawless, it does not need to be notarized. Generally speaking, there are currently two types of situations involving the transfer of registered trademarks that require notarization: one is where the parties rely on a notary agency to review the authenticity and legality of the transfer due to mutual distrust; the other is where the trademark management department If it is considered that there are doubts about the transfer, the transferor is required to provide a notarized certificate. However, generally when transferring a trademark, fair documents will be submitted in one go, because the Trademark Office may require resubmission, which will extend the transfer processing time by 2 to 6 months.

3. Withdrawal of transfer after notarization

Both parties can still withdraw the trademark transfer after notarization. Whether it is fair or not is not directly related to whether it can be withdrawn. As long as both the transferor and the transferee agree, the transferred trademark can be withdrawn. Withdrawing a transfer application requires the consent of both the transferor and the transferee, and the application must be stamped. In other words, the withdrawal of a transferred trademark must be subject to the consent of both parties, and cannot be withdrawn unilaterally.

4. Regarding collective transfer

If similar trademarks are not transferred together, the Trademark Office will notify them to make corrections within a time limit. If they do not make corrections within the time limit, they will be deemed to have given up the transfer of the registered trademark. Apply. If the other party does not accept the transfer of similar trademarks, this clause will bring us great risks, so we should not give the other party a larger amount in the early stage. Although the other party cannot unilaterally withdraw the transferred trademark, if the other party refuses to transfer the similar trademark together, the trademark transfer application submitted to the Trademark Office will be deemed to be abandoned. Risks are caused by the principle of collective transfer of similar trademarks. If we want to avoid risks, similar trademarks must be transferred together when making a transfer contract. If in the end the other party refuses to transfer the similar trademark together, causing the trademark transfer application to be regarded as abandoned, we will be very passive.

5. After the trademark transfer is completed, the materials we need to retain:

(1) All original documents related to the trademark:

Trademark application agency entrustment Original letter

Original notice of trademark registration acceptance

Original notice of trademark rejection or partial rejection

Original power of attorney for trademark review

Original trademark rejection review acceptance notice

Original trademark approval registration certificate

(2) Original documents generated during the trademark transfer process:

Trademark transfer application Original copy

Original copy of trademark authorization letter

Original copy of trademark transfer contract

Original copy of trademark transfer power of attorney

Original copy of trademark transfer notarization materials< /p>

Original Notice of Acceptance of Trademark Transfer

Original Notice of Approval of Trademark Transfer

6. Time required for approval of transfer

According to the Trademark Law "Article 39 and Article 25 of the "Regulations for the Implementation of the Trademark Law" stipulate that when a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement, and the transferor and the transferee shall submit the transferred registered trademark to the Trademark Office The application form and the application procedures for transferring a registered trademark shall be handled by the transferee.

The Trademark Office will approve it in about half a year, issue corresponding certificates to the assignee, and make an announcement. The transferee will truly enjoy the exclusive right to the trademark from the date of announcement. The current transfer time is roughly between half a year and a year.

The trademark transferor and transferee sign a trademark transfer contract, which shall be signed and sealed by both parties to take effect. Both the transferor and the transferee need to provide a copy of the business license that is valid for annual inspection and has a valid seal. If the materials are authentic and notarized, there is generally no risk.