1. One month after the transfer application is submitted, the Trademark Office will send the "Notification of Acceptance" by mail to the transferee according to the address filled in the application form. At the same time, the transferred trademark will be recorded in the Trademark Office according to the A copy of the "Notice of Acceptance" will be sent to the registrant's address.
2. If the transfer application does not comply with legal requirements or cannot be approved, the Trademark Office will notify the applicant in writing by mail to make corrections within a time limit according to the address filled in on the application.
3. After the transfer application is approved, the Trademark Office will send the transfer certificate to the transferee by mail according to the address filled in the application form, and publish an announcement on the transfer of the trademark. The date of signature on the certificate is the date of announcement, and the assignee shall enjoy the exclusive right to use the trademark from that date.
4. If there are multiple transferees in the transfer application***, the relevant notice or certificate from the Trademark Office will only be issued to the representative. If anyone else needs proof, they should apply for a reissue.
5. If the applicant entrusts a trademark agency to handle the transfer application, the Trademark Office will not directly have any correspondence with the applicant, and all documents will be sent to the trademark agency.
6. The category of the application should be filled in according to the international classification category approved by the "Trademark Registration Certificate".
7. The Trademark Office may require notarized and certified copies of documents formed abroad, and may require relevant certification procedures for documents formed in Hong Kong, Macao and Taiwan.
8. If the transfer application materials provided by the applicant include foreign language documents, the Chinese translation thereof shall be submitted at the same time. The Chinese translation should be signed and stamped by the applicant or agency organization for confirmation.
9. After the Trademark Office conducts a formal review of the trademark transfer application, if it meets the relevant regulations, it will send a "Transfer Application Acceptance Notice" to the transferee, and at the same time, it will send a "Transfer Application Acceptance Notice" to the domestic (except Hong Kong, Macao, and Taiwan) The transferor sends a "Notice of Acceptance of Transfer Application".
10. If the trademark owner or interested party objects to the trademark transfer and requests the Trademark Office to suspend the review, he or she shall submit a written application and provide a case filing certificate from the relevant judicial authority or other supporting documents. Based on this application, the Trademark Office may require notarization or suspend the review process of the trademark transfer application.
11. If a trademark owner discovers that his trademark has been transferred by others without consent, he may file a civil lawsuit with the People's Court. The Trademark Office makes a decision on the trademark transfer based on the judgment of the People's Court.
12. If a registered trademark is transferred, the transferee shall enjoy the exclusive right to use the trademark from the date of announcement. The transferee can only apply for re-transfer after obtaining the exclusive right to use the trademark. If the trademark application right is transferred, the transferee can only apply for re-transfer after obtaining the transfer approval notice.
Extended information:
Trademark transfer is for registered trademark holders. There is another subject in the transfer process, which is the trademark purchaser. For trademark buyers, purchasing a trademark has the following three advantages over registering a trademark yourself.
1. Time advantage
It generally takes 1-2 years to register a trademark (the China Trademark Office has not made clear regulations on the time for trademark registration. The efficiency of trademark registration is different from domestic trademark applications. There is a direct relationship with the quantity, generally 1-2 years).
Transferring a trademark generally only takes about 6-10 months, which saves half the time compared to registering a trademark. This is very useful for many buyers who need to own a trademark in a short period of time. Considerable time savings.
2. Success rate advantage
The pass rate of registered trademarks is not high. Registering a new trademark is a process from scratch, and it is difficult to ensure that there is one in the Trademark Office or the market. There are no similar trademarks. If the Trademark Office finds that there are similar trademarks, the trademark registration may be unsuccessful.
The risk of transferring a trademark is very small. The transferred trademark itself is a registered trademark that has been approved by the State Trademark Office and has been recognized by the State Trademark Office, so there is no possibility of the State Trademark Office rejecting the trademark due to similarity. To transfer a trademark, both parties only need to file it with the National Trademark Office through an agency, and the transferee can obtain the trademark registration certificate and own the trademark.
3. Trademark value advantage
After registering a new trademark, you need to promote it from scratch, and its initial value is very low.
The transferred trademarks are generally recognized trademarks in the market, have a certain degree of popularity, and have high value, making it easier for the buyer to establish his own brand in a short period of time.
Baidu Encyclopedia—Trademark Transfer