Things to note during the trademark transfer process

When transferring a trademark, many people will make some small mistakes that lead to the failure of the trademark transfer. Here we need to mention that when transferring a trademark Some issues that need attention:

(1) The trademark transfer regulations are not used;

(2) The trademark category is not filled in or is filled in incorrectly;

(3) The names and addresses of the transferor and transferee are not filled in in simplified Chinese;

(4) If an agency is entrusted to handle the matter, the power of attorney is not stamped or signed, or the power of attorney is not stamped or signed. Fill in the name of the agency organization;

(5) Failure to fill in the registration number or application number, or the registration number filled in is incorrect;

(6) The transferor or transferee has not filled in the registration number or application number. Sign or seal the form;

(7) After the trademark transfer is successful, the Trademark Office will no longer issue a new trademark registration certificate, but will issue a "Trademark Transfer Certificate". "Trademark Transfer Certificate" must be used together with the original "Trademark Registration Certificate". If the trademark has been transferred at the same time before the current transfer, the "Trademark Transfer Certificate" issued by the Trademark Office must be submitted at the same time;

(8) When transferring a registered trademark, the trademark registrant must Identical or similar trademarks registered on identical or similar goods shall be transferred together. Generally speaking, if the transferor of a registered trademark also holds other trademarks that are similar or identical to the one to be transferred, they must be transferred to the transferee as well, otherwise the transfer of the registered trademark will not be approved.

(9) When transferring a registered trademark, you need to pay attention to the validity period of the registered trademark. If the validity period is about to expire or is already within the extension period (within six months beyond the trademark validity period), you must submit a trademark renewal application as soon as possible. , otherwise the trademark transfer will expire with the expiration of the registered trademark, and the Trademark Office will not approve the registered trademark transfer application.

(10) If the trademark transfer application needs to be supplemented and corrected, the Trademark Office will issue a supplementary and corrective notice to the transferee (if there is an agency, it will be sent to the agency; if there is no agency, it will be sent as per the application form) The filled-in address will be sent to the transferee by registered mail), and the applicant is required to make corrections within a time limit (the general time for correction is 15 days after receiving the notice of correction). If the applicant fails to make corrections as required within the prescribed time limit, the Trademark Office has the right to regard the trademark transfer application as abandoned or not to approve it.

Official process of trademark transfer

(1) The trademark transfer process includes: application → acceptance → review → announcement → issuance of transfer certificate;

(2) National The time from the Trademark Office receiving the transfer application documents to issuing the transfer acceptance notice is 1-2 months;

(3) It takes 4-6 months from the receipt of the transfer acceptance notice for the national trademark The Bureau will review the trademark proposed for transfer;

(4) After passing the review, an approval announcement will be published and a "Certificate of Approval of Transfer of Registered Trademark" will be issued;

(5) The trademark transfer process generally requires About 6-8 months.

Materials required for trademark transfer

(1) "Application for Trademark Transfer/Registered Trademark" (needs to be signed or stamped by both parties);

(2 ) Identity documents of the transferor and the transferee (the enterprise must provide a scanned copy of the stamped business license);

(3) The transferor and transferee issue a power of attorney respectively;

(4) Copy of registered trademark certificate;

(5) Statement of agreement to transfer (enterprises need to be stamped by both parties and signed by legal persons, individuals only need to sign);

( 6) If the application documents are in a foreign language, a Chinese translation signed and confirmed by the translation agency should also be provided.