Legal analysis: Registered trademark inheritance, also known as trademark rights inheritance, refers to the legal fact that after the death of the trademark registrant, his heirs inherit the registered trademark.
The inheritance procedure of a registered trademark is divided into two stages:
1. In the first stage, the heir inherits the exclusive right to the trademark.
The exclusive right to trademark is a kind of intellectual property that can be used as the inheritance of the deceased. According to the Inheritance Law, property inheritance is divided into two types: statutory inheritance and testamentary inheritance. Legal heirs are spouse, children, parents, brothers, sisters, grandparents, and maternal grandparents. After the inheritance begins, the first-order heir will inherit, and the second-order heir will not inherit. If there is no first-order heir, the second-order heir shall inherit. If the decedent's children die before the decedent, the descendants of the decedent's children will inherit by direct blood.
2. In the second stage, the heir should submit a transfer application to the Trademark Office, report the inheritance facts to the Trademark Office, and send the "Application for Transfer of Registered Trademark" to the Trademark Office, and return the original "Trademark Registration" to the Trademark Office. certificate".
The heir must entrust a trademark agency recognized by the State Administration for Industry and Commerce to act as the agent, or the heir can handle it directly. . After approval by the Trademark Office, the original Trademark Registration Certificate will be annotated and issued to the successor and announced.
Legal basis: "Regulations on the Implementation of the Trademark Law of the People's Republic of China" Article 32 If the exclusive right to use a registered trademark is transferred due to other reasons other than transfer, such as inheritance, the exclusive right to use the registered trademark shall be accepted. The parties to the right shall go to the Trademark Office to handle the transfer procedures for the exclusive right to register a trademark with relevant supporting documents or legal documents.
When the exclusive right to a registered trademark is transferred, the same or similar trademarks registered by the holder of the exclusive right to the registered trademark on the same or similar goods shall be transferred together; if they are not transferred together, the trademark shall be transferred. The Trademark Office shall notify the applicant to make corrections within a time limit; if the applicant fails to make corrections within the time limit, the application for transfer of the registered trademark shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
If the trademark transfer application is approved, it will be announced. The party that accepts the transfer of the exclusive right to use a registered trademark shall enjoy the exclusive right to use the trademark from the date of announcement.