How long does it take to transfer a trademark is a question that many operators will ask. Today I will share some knowledge with you!
1. The trademark transfer process shall be governed by Article 42 of the Trademark Law.
Article 42: When transferring a registered trademark, 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. 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. Article 43 A trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark. If the registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark. If the licensor permits others to use its registered trademark, the licensor shall submit its trademark use license to the Trademark Office for record, and the Trademark Office shall announce it. The trademark use license shall not be used against bona fide third parties without registration.
2. Documents required for trademark transfer:
A. "Transfer Application/Registered Trademark Application"; B. Identity documents of the transferor and transferee (copies) ;C. If entrusting an agent, submit the "Authorization Letter" issued by the transferee, and if it is processed directly in the acceptance hall, submit the original and copy of the ID card of the transferee's handler; D. If applying for transfer, you should also submit relevant Supporting documents; E. If the application documents are in a foreign language, a Chinese translation signed and stamped by a translation agency should also be provided.
3. Trademark transfer time:
It takes about 6-10 months.
4. There are three forms of trademark transfer:
1. Contract transfer. The transferor stipulates the content of the transferred registered trademark, mutual rights, obligations and liability for breach of contract through a contract. This form of transfer is generally paid, that is, the transferor charges a certain transfer fee by transferring the exclusive right to register a trademark.
2. Successive transfer of a registered trademark, there are two situations:
(1) After the death of the registered owner (natural person), that is, the end of his life, there are heirs. The inheritance procedure inherits all the registered trademarks owned by the deceased during his lifetime.
(2) Succession and transfer when the enterprise as the owner of the registered trademark is merged or merged.
3. Transfer due to administrative order This form of trademark transfer generally occurs in countries with public ownership. The administrative orders mentioned here are mainly those plans and administrations that cause the transfer of property. For example, if my country's state-owned enterprises are divided, merged, dissolved or transferred according to administrative orders, the subject of registered trademarks will inevitably change.
How long does it take to transfer a trademark? What is the specific process? After reading this article, you should know a little bit about it. There are many details that need to be paid attention to in the actual operation of trademark transfer. If you are looking for an agent, please contact Bajie. Bajie focuses on providing customers with professional intellectual property services. The group uses trademarks Consulting services are the core, and are gradually extended to comprehensive intellectual property services. Taking basic services as the entry point, we focus on cultivating enterprises for high-tech incubation and obtaining national high-tech enterprise technology certification. Through upgrading R&D technology and using Internet tools to build an intellectual innovation platform for the transformation of scientific and technological achievements and an intellectual property trading system. Transfer of registered trademark Trademark transfer time Trademark transfer process