How long does it take to process a trademark transfer?

1. The Trademark Office will issue a "Certificate of Approval of Transfer of Registered Trademark" within fifteen days after receiving the transfer application.

2. The "Certificate of Approval of Transfer of Registered Trademark" can be received six to eight months from the date of establishment of the application. This certificate must be used together with the original "Trademark Registration Certificate".

This certificate must be used together with the original "Trademark Registration Certificate".

3. The date marked on the "Certificate of Approval of Transfer of Registered Trademark" is the effective date of transfer registration. You can use it after receiving the "Certificate of Approval of Transfer of Registered Trademark".

So, in general, the trademark transfer time: about 6-10 months.

Note: Article 42 of the Trademark Law applies to the trademark transfer process. (Zhuoyi Intellectual Property)

Article 42: When a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and submit applications to the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark[1].

After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.

Editing the transfer form

The transfer of a registered trademark is an act by which the trademark registrant transfers the exclusive right to use the trademark to another party in accordance with legal procedures during the validity period of the registered trademark. The transfer of registered trademarks generally takes the following forms:

Contract transfer

The transferor stipulates the content of the transferred registered trademark, mutual rights, obligations and liability for breach of contract through a contract, etc. This form of transfer is generally paid, that is, the transferor charges a certain transfer fee by transferring the exclusive right to a registered trademark [1].

Succession and transfer

There are two situations for the inheritance and transfer of a registered trademark: (1) After the registered owner (natural person) dies, that is, after the end of his life, there are heirs according to the inheritance procedure. Inherit all the registered trademarks owned by the deceased during his lifetime. (2) Succession and transfer when the enterprise as the owner of the registered trademark is merged or merged[1].

Transfer due to administrative order

This form of transfer generally occurs in countries with public ownership. The administrative orders mentioned here are mainly those plans and administrations that cause the transfer of property. For example, if my country's state-owned enterprises are divided, merged, disbanded or transferred according to administrative orders, the subject of registered trademarks will inevitably change [1].

Trademark transfer process editing

1. Trademark transfer process [2] includes: application → acceptance → review → announcement → issuance of transfer certificate.

2. Documents required for trademark transfer:

A. "Transfer Application/Registered Trademark Application";

B. Transferor and transferee's Identity document (copy);

C. If you entrust an agent, submit the "Agency Letter" issued by the transferee, and if you apply directly in the acceptance hall, submit the original ID card of the transferee's handler and Copy;

D. If applying for transfer, relevant supporting documents should also be submitted;

E. If the application document is in a foreign language, a Chinese version signed and stamped by a translation agency should also be provided translation.

3. Trademark transfer time: It takes about 6-10 months.

Transfer Channel Edit

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 apply directly. There are nearly 800 nationally recognized trademark agency organizations, distributed in all provinces, autonomous regions, and municipalities across the country.

Applicants should decide whether to entrust an organization with trademark agency qualifications to handle the transfer of a registered trademark or go directly to the Trademark Office to handle it based on their own specific circumstances. If the applicant is familiar with trademark laws, regulations and related procedures, and the postal service of his usual residence or business place is in good condition, he can go directly to the Trademark Office. If he does not meet the above conditions, it is best to entrust a trademark agency to act as an agent; he has no habitual residence in China or Foreigners or foreign enterprises with business premises applying for transfer registration in China should entrust a trademark agency to handle it 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.

Editing of Preparatory Materials for Trademark Transfer

To apply for trademark transfer, you must use the unified application form developed and published by the State Administration for Industry and Commerce. The application form can be obtained from the Registration Hall of the Trademark Office. It can also be downloaded online. If a trademark agency is entrusted to handle the matter, it will be provided by the agency.

To apply for trademark transfer, the following documents must be submitted to the Trademark Office:

1. An "Application for Trademark Transfer", which should be stamped with the names of the applicant and the transferee. Seal;

2. "Trademark Transfer Power of Attorney" stamped with the official seal of the transferee;

3. A copy of the transferee's "Business License";

4. Pay the trademark transfer application fees as required;

5. If you entrust a professional agency to apply, you will also need to pay some fees (the fees are determined by the entrusting agency);

Trademark transfer time editing

1. The Trademark Office will issue a "Certificate of Approval of Transfer of Registered Trademark" about ten working days after receiving the transfer application. This certificate must be used together with the original "Trademark Registration Certificate".

2. The date marked on the "Certificate of Approval of Transfer of Registered Trademark" is the effective date of transfer registration

Announcement of Certificate Collection Editor

Applications through agents: Review by the Trademark Office After approval, an announcement will be made and the agent will send the "Trademark Registration Certificate" to the transferee of the transferred trademark [1].

Direct application for registration transfer: the Trademark Office will issue an announcement after review and approval. The transferee of transfer registration should go to the Trademark Office to obtain the certificate within three months after receiving the "Notice of Transfer Registration". At the same time, he should also bring:

(1) Letter of introduction for receiving the "Notice of Transfer Registration" ;

(2) Transferee’s ID card and copy;

(3) Original copy of business license, the copy should be stamped with the seal of the local industrial and commercial department

(4) Receive the "Transfer Registration Notice";

(5) If the transferee's name is changed, a change certificate issued by the working department must be attached.

Edit issues that need attention when transferring registered trademarks

The procedures for transferring registered trademarks must comply with the following regulations:

(1) The transferee must have a trademark registration application qualifications;

(2) When transferring registered trademarks for tobacco products and human medicines, the transferee must attach corresponding certificates;

(3) The transferor must Identical or similar trademarks registered on the same or similar goods are transferred together, and they cannot transfer part of it, retain part for their own use, or transfer the other part to a third party;

(4) If the trademark owner has licensed the trademark to others, he must obtain the consent of the licensee before handling the transfer, handle the aftermath in accordance with the provisions of the license contract, and must not harm the interests of the licensee due to the transfer.