Whether a trademark has been transferred depends on the trademark transfer certificate of the trademark. A trademark transfer certificate is a certification document issued by the Trademark Office after it accepts and approves a trademark transfer application, proving that the trademark has been legally transferred and must be announced. So, how to check the transferred trademark? Now I will introduce it to you by Intellectual Property.

1. Inquiry on the trademark transfer certificate

Whether the trademark is successfully transferred depends on whether the Trademark Office has approved it. If the Trademark Office does not approve it and there is only an agreement between the two parties to transfer, the trademark right will not be transferred. The transfer cannot take effect. So if we purchase a trademark, we will go through the trademark transfer procedures. Naturally, we need to care and check whether the trademark transfer is successful.

If you have entrusted a trademark agency to handle the trademark transfer, you only need to pick up the phone and consult your agency. They are obliged to report to you the review status of the trademark transfer procedure. In addition, if you know the trademark registration number of the transferred trademark, you can log in to the official trademark query system of the Trademark Office and enter the registration number to query the trademark status information. Through this information, you can know whether the trademark has been transferred to your name.

II. Things to note when transferring trademarks

When a registered trademark is transferred, the trademark registrant shall transfer a similar trademark registered on the same kind of goods, or the same trademark registered on similar goods. or similar trademarks shall be transferred together. 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.

When a registered trademark is transferred, if the trademark registrant fails to transfer the same or similar trademark registered on the same or similar goods, the Trademark Office shall notify the trademark registrant to make corrections within a time limit; if the trademark registrant fails to make corrections within the time limit, The application for transfer of the registered trademark shall be deemed to be abandoned.

3. The general process of trademark transfer

1. The trademark transfer process includes: application → acceptance → review → announcement → issuance of transfer certificate.

2. Documents required for trademark transfer:

A. "Transfer Application/Registered Trademark Application";

B. Transferor and transferee's Identity document (copy);

C. If the agent is appointed, submit the "Agency Letter" issued by the transferor and the transferee respectively, and if it is handled directly in the acceptance hall, submit it to the person in charge of the transferee The original and copy of the ID card;

D. If applying for transfer, relevant supporting documents should also be submitted;

E. If the application documents are in a foreign language, they should also be provided by a translation agency Chinese translation confirmed by signature.

3. Trademark transfer time: It takes about 6-10 months.

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:

This means that if you receive it in the future The payment notice means that the transfer has passed the review and can be approved.

Article 42 of the "Trademark Law" stipulates that when a registered trademark is transferred, the transferor and the transferee shall 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. 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 above is how to check the trademark under transfer? answer. For inquiries about trademark transfer certificates, you can consult a trademark agency to verify the relevant trademark transfer situation; if you have other questions about trademark transfer, please log in at any time for consultation and understanding. Trademark transfer process and fees in 2022 Trademark transfer inquiry