How to handle trademark transfer now? There is also a process for trademark transfer. What is this process? The editor has brought you relevant knowledge about "handling trademark transfer". Perhaps this There's just what you need. Trademark transfer process

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

2. Documents required for trademark transfer:

(1) "Application for Transfer and Registration of Trademark";

(2) Transferor and Transferee The identity document (copy) of the person;

(3) If the agent is entrusted, submit the "Agency Letter" issued by the transferee; if it is handled directly in the acceptance hall, submit the identity of the person in charge of the transferee The original and copy of the certificate;

(4) If applying for transfer, relevant supporting documents should also be submitted;

(5) 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. What are the precautions for trademark transfer

1. If a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods together.

2. One month after the transfer application is submitted, the Trademark Office will send the "Notice of Acceptance" to the transferee by mail according to the address filled in the application form. At the same time, according to the transferred trademark recorded in the Trademark Office A copy of the "Notice of Acceptance" will be sent to the registrant's address.

3. If the transfer application does not comply with legal requirements, 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.

4. 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.

5. If the transfer application cannot be approved due to other reasons, the Trademark Office will notify the applicant in writing by mail according to the address filled in the application form.

6. 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.

7. 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.

8. The category of the application should be filled in according to the international classification category approved by the "Trademark Registration Certificate". How to apply for trademark transfer

The transfer will take effect after the trademark assignor and trademark transferee sign a transfer agreement, but the transfer procedures have not been completed. According to my country’s Trademark Law, the trademark transfer application has been approved by the Trademark Office and After the announcement, the transferee shall enjoy the exclusive right to use the trademark. The details are as follows:

1. The seller guarantees that the registered trademark is the true intention of the owner of the registered trademark. The seller guarantees the authenticity, legality and validity of the documents provided. The transfer nature of the registered trademark is trademark ownership. Permanent transfer.

2. The registered trademark is a legal and valid trademark.

3. The transferred trademark has not been licensed to a third party for use before the date of transfer; the transferred trademark has no dispute with a third party before the transfer; the transferred trademark has not been subject to property litigation by a third party before the transfer preservation.

4. In accordance with the provisions of Article 21 of the "Implementing Rules of the Trademark Law of the People's Republic of China", Party A shall register the same or similar trademarks it has registered on the same or similar goods. and transferred to Party B.

5. From the date of signing of the contract, the seller promises not to operate or allow others to operate a trademark that is identical or similar to the transferred trademark within the validity period of the registration, nor to engage in any business that competes with the trademark. Activity. The required information is:

(1) Trademark registration certificate and copy;

(2) Business license and copy of transferor and transferee;

(3) The transferor’s identical or similar trademarks on the same or similar goods must be transferred together;

(4) 2 copies of trademark transfer application;

(5) Cover 2 copies of the trademark agency power of attorney bearing the company's official seal.

What pitfalls should we pay attention to when transferring trademarks?

From the current trademark practice, my country’s Trademark Law and Implementing Regulations only give the Trademark Office the power to approve trademark transfer applications, but do not also provide for its responsibilities for improper approval behaviors. Due to the lack of proper supervision of administrative power, administrative agencies often have power but no responsibility. The Trademark Office's power to approve trademark transfer applications is almost unrestricted, providing opportunities for criminals to take advantage of it.

Some criminals take advantage of legal loopholes to forge the seal of the trademark owner, counterfeit the signature of the trademark owner, transfer the registered trademark of others to themselves or a third party designated by them, and file a request with the Trademark Office Apply for relevant procedures and deceive others into appearing "legitimate". After criminals obtain someone else's registered trademark through illegal means, they often transfer or license the trademark to others to earn economic benefits, while the original trademark owner is kept in the dark and suffers huge losses; or they may demand compensation from the original trademark owner. A high reward in exchange for the trademark, and the threat of prosecution for trademark infringement if rejected. If the original trademark owner files a lawsuit to confirm the invalidity of the trademark transfer using them as the defendant, they will run away and not show up in court at all, and the court will not be able to serve them litigation materials, which will bring many difficulties to the court in hearing such cases. At the same time, some rights holders find litigation too troublesome. Not only is it time-consuming and labor-intensive, but they also have to pay legal fees, investigation and evidence collection fees and other litigation expenses. They have no choice but to accept the demands of the lawbreakers and pay them a sum of money to transfer their rights. Transfer the trademark to yourself.

Some criminals have taken advantage of this weakness of the trademark owner, and the amount they ask for is generally roughly equivalent to the amount paid by the trademark owner for the lawsuit, and try their best to induce the trademark owner to pay for the transfer. peaceful settlement at no cost. For those trademarks with important value or high reputation, they are very aggressive and demand high transfer fees.

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