In the world of trademarks, many people may not know the difference between trademark transfer and change. Today, the main task of the editor of Bajie Intellectual Property Network is to tell everyone the difference between trademark and trademark change. And under what circumstances it is necessary to transfer the trademark.

Trademark change: Change the relevant information of the registrant of the trademark (such as changing the registrant and changing the address, etc.) The subject of the registered trademark does not change

Trademark transfer is a transaction. , the owner of the transferred trademark is no longer the original registrant.

In addition to the differences in definitions, the procedures are also different:

1. According to Article 30, Paragraph 1 of the "Trademark Law Implementation Regulations", changing the name of the trademark registrant, If the address or other registration information is changed, an application for change shall be submitted to the Trademark Office. If the name of the trademark registrant is changed, a change certification document issued by the relevant registration authority must also be submitted. Paragraph 1 of Article 42 of the Trademark Law stipulates that 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. It can be seen that the trademark transfer application is filed simultaneously by both the transferor and the transferee, and the acceptance notice issued by the Trademark Office is also issued to both the transferor and the transferee at the same time.

2. According to Paragraph 2 of Article 30 of the "Regulations for the Implementation of the Trademark Law", if the name or address of the trademark registrant is changed, the trademark registrant shall change all registered trademarks together; If the application is not corrected within the time limit, the Trademark Office shall notify the applicant to make corrections within a time limit; if the application is not corrected within the time limit, the application for change shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing. Paragraph 2 of Article 42 of the Trademark Law stipulates that when a registered trademark is transferred, the trademark registrant shall report all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods. and transfer.

So under what circumstances is it necessary to transfer a trademark?

(1) Inheritance and transfer, after the death of a natural person, the trademark right shall be transferred unilaterally by the heir. In addition, proof materials such as the death certificate of the natural person and the notarized and valid will of the transferor that the transferor has the right to inherit the trademark rights must be provided. Because the transferor has died, the signature column of the transferor's stamp on the application form can be left blank.

(2) In the autonomous liquidation of an enterprise, one of the powers exercised by the enterprise liquidation team during the liquidation period is to liquidate the company's assets and prepare a balance sheet and property list respectively. As an intangible asset of the company, trademark rights are also disposed of by the liquidation team. The transfer application must provide documents indicating that the liquidation group agrees to the transfer, and the liquidation group will stamp the transferor stamp on the application form. In addition, documents proving the legal establishment of the liquidation association must be provided.

(3) Business mergers and acquisitions. In business mergers and acquisitions, the absorbing party shall handle the trademark transfer procedures of the absorbed party, that is, in the merger model of A B = A, Company A shall handle it; new mergers The newly established enterprise shall handle all transfer procedures of the merging party's enterprise, that is, in the merger model of A B = C, Company C shall handle it.

(4) Enterprise restructuring. If a state-owned enterprise is restructured, a restructuring document from the state-owned assets management department must be issued. If a collectively owned enterprise is restructured, a document issued by the superior competent department must be provided to clarify the ownership of the trademark rights.

(5) If an individual industrial and commercial household is cancelled, and the business license of the individual industrial and commercial household is cancelled, the individual operating the business shall dispose of its trademark rights. Because the business license has been cancelled, the applicant must provide the business license cancellation certificate and personal information. Copy of ID card.

The above full text is what the editor of Bajie Intellectual Property Trademark Transfer compiled for you about the difference between trademark transfer and change? What situations require trademark transfer? All the content, if you want to know more, you can go to our Bajie Intellectual Property Network to consult customer service. Trademark transfer, as a way to quickly obtain a trademark, has become the first choice for more and more companies.