Trademarks are transferable. To transfer a registered trademark, the transferor and the transferee should sign a transfer agreement and file an application with the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark. So when can trademark transfer be used? Let’s take a look at the intellectual property rights below!
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. The process of trademark transfer is application, acceptance, review, announcement, and issuance of transfer certificate.
1. Information required for trademark transfer
1. "Transfer Application/Registered Trademark Application";
2. Identity of the transferor and transferee Certification documents (copies);
3. If you are entrusting an agent, submit the "Agency Letter" issued by the transferee; if you apply directly in the acceptance hall, submit the original and copy of the ID card of the transferee's handler
4. If applying for transfer, relevant supporting documents should also be submitted;
5. If the application documents are in a foreign language, a Chinese translation signed and confirmed by a translation agency should also be provided .
2. How long does it take to transfer a trademark?
1. The time from the State Trademark Office receiving the transfer application documents to issuing the transfer acceptance notice is 15 days to 1 month. About;
2. In about 3 months from the receipt of the transfer acceptance notice, the State Trademark Office will review the trademark proposed for transfer;
3. Publish after passing the review The approval announcement is issued and the "Certificate of Approval of Transfer of Registered Trademark" is issued;
Although the transfer time is approximately 6 months, usually the trademark can be used normally in about 3-7 days. Because when signing the contract, the trademark holder will also give the exclusive trademark authorization letter to the buyer. After obtaining the exclusive trademark authorization letter, the trademark rights have been transferred to the buyer, and you can start using the trademark at this time.
The latest version of the trademark transfer process in 2022
According to the "Announcement on Simplifying the Application Materials Optimization Workflow and Shortening the Review Cycle" issued by the Trademark Office of the State Intellectual Property Office in February 2018, changes and Renewal has already been "officially announced" to merge the document review and review process, and cancel the process of issuing acceptance notice, but transfer has not been included in this list.
Intellectual Property has learned that according to the latest official information: the issuance of acceptance notices for trademark transfer applications has been cancelled, and the application process has been streamlined to:
Trademark application-pass review-payment Notification - Payment of official fees - Approval
This means that receiving a payment notice in the future means that the transfer has passed the review and can be approved.
The above is about when can trademark transfer be used? Hope this helps! Trademark is the first step in brand development. Registering a trademark and purchasing a trademark each have their own advantages. Choose the method that suits you. If you have other questions about trademark transfer, please log in to the Bajie Trademark Transfer Platform for consultation at any time. What materials are needed for personal trademark transfer procedures? Health food trademark transfer. Trademark transfer process