An old customer asked us at Bajie Intellectual Property: Does anyone take a fancy to my trademark? What should I do? Bajie Intellectual Property will tell you in detail about this issue.
Before trading trademarks, you must first understand the precautions here. Do not be confused and blindly sell your trademarks.
What is trademark transfer?
Trademark sales are also called trademark transfers. Trademark transfer can be divided into two types:
1. Registered trademark transfer, that is, the trademark registration certificate has been obtained.
2. Trademark transfer under application. Although such a trademark has not yet received a certificate, it can still be transferred, but the risk is relatively high. If the trademark is not successfully registered, the transfer cannot be completed.
The specific process of trademark transfer:
1) Fill in the "Application Form for Transfer of Registered Trademark".
The application must adopt the writing format prescribed by the State Administration for Industry and Commerce. It must state 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 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 we need to pay attention to here is:
According to Article 25 of China's "Regulations on the Implementation of Trademark Law":
If a registered trademark is transferred, the transfer The person and the transferee shall submit an application for transfer of a registered trademark to the Trademark Office. The application procedures for transferring a registered trademark shall be handled by the transferee. After the Trademark Office approves the application for transfer of a registered trademark, it will issue a corresponding certificate to the transferee and make an announcement.
When a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods together; if it is not transferred together, the Trademark Office shall notify the trademark registrant to make corrections within a time limit. ; If no correction is made within the time limit, the application for transfer of the registered trademark will be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
For applications for transfer of registered trademarks that may cause misunderstanding, confusion or other adverse effects, the Trademark Office will not approve the application and will notify the applicant in writing and explain the reasons.
Of course, the most important thing is whether you are still using this trademark, whether it is very important, and the value it has generated, so as to measure whether you should sell this trademark.