1. Trademark transfer is an act in which a trademark registrant gives, sells or transfers his registered trademark to others for ownership and exclusive use. To transfer a registered trademark, both the transferor and the transferee shall apply to the trademark authority for transfer registration or evaluation and pricing within 6 months after the transfer. Some countries stipulate that the transfer of trademarks should be transferred together with the enterprise. China does not stipulate the transfer of trademarks together with enterprises, but stipulates that the transferee should guarantee the quality of the goods using the transferred trademarks. A trademark can also be used as an investment to buy shares at a fixed price.

trademark transfer needs to go through the formalities in the Trademark Office, and its process includes: application → acceptance → examination → announcement → issuance of transfer certificate.

the seller and the buyer sign the trademark transfer contract/agreement.

trademark notarization is generally completed within 3-5 working days for the trademark holder to obtain the Trademark Declaration Notary Certificate.

submit the prepared materials and notarial deed to the Trademark Office, and then pay the transfer fee (usually 5 yuan).

The Trademark Office will issue the letter of acceptance in about 1-2 months, and begin to review it.

The Trademark Office will publish an announcement about 5-8 months after accepting the case and issue the Certificate of Approval for Transfer of a Registered Trademark to both parties.

II. Required materials

Transfer of trademark/ Application for registered trademark (signed or sealed by both parties)

trademark transfer agreement or contract signed by the transferor and the transferee

identification documents of the transferor and the transferee (if it is a legal person, a license shall be provided)

certificate of registered trademark

notarial certificate of trademark declaration of the notary office (as required by the Trademark Office)

The original and copy of the identity of the agent shall be provided if the agency is requested to operate

The application document is in a foreign language. A Chinese translation confirmed by the signature and seal of the translation agency should also be provided

III. Precautions

1. One month after the application for transfer is submitted, the Trademark Office will send a Notice of Acceptance to the transferee by mail according to the address filled in the application, and at the same time send a copy of the Notice of Acceptance to the registrant according to the address of the registrant recorded in the Trademark Office.

2. If the application for transfer does not meet the legal requirements or cannot be approved, the Trademark Office will notify the applicant in writing by post to make corrections within a time limit according to the address filled in the application.

3. After the transfer application is approved, the Trademark Office will send the transferee a certificate of transfer by mail according to the address filled in the application, and make an announcement on the transfer of the trademark. The date of signature on the certificate is the date of announcement, and the transferee enjoys the exclusive right to use the trademark from that date.

4. The transferee in the transfer application is owned by more than one person, and the relevant notice or certificate of the Trademark Office is only issued to the representative. Other * * * people need proof, should apply for a replacement.

5. if the applicant entrusts a trademark agency to handle the transfer application, the trademark office will not have any correspondence with the applicant directly, and all documents will be sent to the trademark agency.

6. The category of the application shall be filled in according to the international classification approved by the Trademark Registration Certificate.

7. The Trademark Office may require notarized and certified copies of documents formed abroad, and may require relevant certification procedures for documents formed in Hong Kong, Macao and Taiwan.

8. If there are foreign language documents in the transfer application materials provided by the applicant, it shall also submit its Chinese translation. The Chinese translation shall be confirmed by the signature and seal of the applicant or agency. ?

9. After the Trademark Office has formally examined the application for trademark assignment, if it meets the relevant provisions, it will send a Notice of Acceptance of Transfer Application to the transferee and a Notice of Acceptance of Transfer Application to the domestic (except Hong Kong, Macao and Taiwan) transferor.

1. If the trademark owner or interested party has any objection to the trademark transfer and requests the Trademark Office to suspend the examination, it shall submit a written application and provide the filing certificate or other supporting documents of the relevant judicial organs. Based on the application, the Trademark Office may request notarization or suspend the examination procedure for the application for trademark assignment. ? [3]?

11. If the trademark owner finds that his trademark has been transferred by others without consent, he may bring a civil lawsuit to the people's court. The Trademark Office shall make a decision on the transfer of the trademark according to the judgment of the people's court.

12. If a registered trademark is transferred, the transferee shall enjoy the exclusive right to use the trademark from the date of announcement. The assignee can only apply for re-assignment after obtaining the exclusive right to use the trademark. Where the right to apply for a trademark is transferred, the transferee can only apply for re-transfer after obtaining the notice of approval of the transfer.