1. How to transfer a trademark

Applicants can entrust an organization with trademark agency qualifications recognized by the State Administration for Industry and Commerce to act as an agent, or they can go to the Trademark Registration Hall of the State Trademark Office to handle the matter directly. . Currently, there are nearly 800 nationally recognized trademark agency organizations, distributed in all provinces, autonomous regions, and municipalities across the country.

Applicants should decide based on their own specific circumstances whether to entrust an organization with trademark agency qualifications to handle the transfer of a registered trademark, or to go directly to the Trademark Office. If the applicant is familiar with trademark laws, regulations and related procedures, and the postal service at his usual residence or place of business is in good condition, he can go directly to the Trademark Office; if he does not meet the above conditions, it is better to entrust a trademark agency to act as an agent; if he does not have his usual residence or place of business, he can apply for it directly. Foreigners or foreign enterprises at the site should entrust a trademark agency to handle the transfer registration application on their behalf. In the process of reviewing trademark transfers, the Trademark Office often issues various documents to the applicant, such as notices of correction, notices of rejection, etc. Most of these documents require the applicant to make certain modifications to the original application content and respond. These documents are generally mailed through the post office. In view of the fact that the postal channels in some areas of our country are not very smooth, and some applicants' addresses have changed, applicants often fail to receive documents issued by the Trademark Office, which affects the transfer registration process.

Trademark agents in trademark agency organizations are familiar with trademark laws and regulations, and are proficient in trademark business. They can more accurately understand the intentions of the client and the Trademark Office, and assist the parties to modify the requests issued by the Trademark Office. Accurate revisions are made to the document so that the review of the transfer registration application proceeds smoothly.

2. Can collective trademarks be transferred?

1. A collective trademark does not belong to a single natural person, legal person or other organization, that is, it belongs to a community organization composed of multiple natural persons, legal persons or other organizations. , which means that the goods or services come from a certain collective organization. This collective can be a specific guild, chamber of commerce and other industrial and commercial groups or other collective organizations. The provider of specific goods or services retreats as a collective member. Behind the collective.

2. A collective trademark is a collective right applied for registration and ownership in the name of a collective composed of members, and is used jointly by all members. This is reflected in the application for registration of the collective trademark, that is, the requirements Only collective organizations with legal personality can apply, because only collective organizations with legal personality can own trademark rights in their collective independent name.

3. Collective trademarks are reflected in the use of trademarks, which means that collective organizations usually do not use the collective trademark, but are jointly used by members of the organization; members who are not members of the organization cannot use it; Each member has equal rights to use, and there is no affiliation between members; at the same time, the use of collective members must be supervised, and members who violate the rules of use must be dealt with.

4. Uniform rules should be formulated for the registration, use and management of collective trademarks, detailing the rights, obligations and responsibilities of members, as well as the amount and purpose of management fees, and making them public. should be respected by each other and subject to public scrutiny.

5. The ownership and right to use collective trademarks shall not be transferred.

6. When a collective trademark is infringed and a claim for compensation is made, the losses suffered by members of the collective organization should be included.

7. When a member withdraws from the collective, he can no longer use the collective trademark. When a new member joins, he can use the collective trademark as a member. This is This membership status is not transferable, nor is the right to use the trademark based on this status relationship.

8. Geographical trademarks can be registered as collective trademarks. If a geographical indication is registered as a collective trademark, a natural person, legal person or other organization whose goods meet the conditions for the use of the geographical indication may request to join the group, association or other organization that has registered the geographical indication as a collective trademark. The group, association or other organization The organization shall be admitted as a member in accordance with its articles of association; groups, associations or other organizations that are not required to participate in the registration of the geographical indication as a collective trademark may also use the geographical indication legitimately, and the group, association or other organization has no right to prohibit it.