In the current society, some businesses choose to register trademarks in order to promote their brands and enhance their own brand value. Our country's laws stipulate that if a trademark is registered in an individual's name, how should it be transferred? Let's take a look at the corresponding answers provided by Intellectual Property Rights.
1. How to transfer a trademark registration in an individual’s name?
The relevant provisions for trademark registration and transfer in an individual's name are as follows:
If a registered trademark needs to change the name, address or other registration matters of the registrant, a change application should be submitted.
According to Article 41 of the "Trademark Law of the People's Republic of China", if a registered trademark needs to change the name, address or other registration matters of the registrant, a change application should be submitted.
Article 42: When transferring a registered trademark, 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. When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods.
For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons. 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.
2. How long is the protection period of a registered trademark?
Trademark exclusive rights, like patent rights and copyrights, are not sustainable rights and can only exist and be protected within a certain period of time. This period is the term of the registered trademark, also called the validity period of the trademark, which refers to the period during which the registered trademark has legal effect and is protected by law. Article 39 of my country's Trademark Law stipulates: "The validity period of a registered trademark is 10 years, calculated from the date of approval of registration."
The starting date of the period of registered trademark is the date of trademark registration, that is, The Trademark Office will register the applied trademarks in the "Trademark Register" respectively according to the region, the name of the trademark registrant and the words and graphics used (collective trademarks and certification marks will be registered in the "Collective Trademark Register" and "Certification Trademark Register" respectively), Cards and files, together with the date of publication of the "Trademark Notice".
The above is how to apply for personal name trademark transfer? All answers. Our country's laws stipulate how to transfer a trademark registration in an individual's name. It can be seen that if a registered trademark needs to change the name, address or other registration matters of the registrant, a change application should be submitted. The specific regulations are as above. If you still have questions about trademark transfer, please log in to Intellectual Property for consultation. Personal trademark transfer What materials are needed to handle personal trademark transfer procedures