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How to handle the trademark transfer process?
How to handle the trademark transfer process?

The transfer of a trademark usually refers to the transfer of trademark ownership. At this time, it is essential for both parties to sign a transfer contract, which is to safeguard the legitimate interests of the other party. At the same time, China's laws also stipulate that trademark transfer needs to go through relevant procedures according to regulations. Next, let's look at how the trademark transfer process is handled.

According to the Trademark Law of People's Republic of China (PRC) and the Detailed Rules for the Implementation of the Trademark Law of People's Republic of China (PRC):

1. Where a registered trademark of another person is transferred, the registration trademark transfer formalities shall be handled with the Trademark Office;

2. Where the exclusive right to use a trademark is transferred due to enterprise merger, merger or reorganization, its registered trademark shall be transferred to the Trademark Office;

3. If the exclusive right to use a trademark is transferred according to a court decision, the transfer formalities shall also be handled;

4. Since September 15, 2002, a trademark that has been applied for but not approved for registration may also apply for transfer or assignment.

Information and time required for handling the transfer application:

1. Power of Attorney for Trademark Agency in duplicate: the transferee shall affix the official seal or signature at the seal of the entrusting party;

2. Application for transfer/trademark transfer in duplicate: the transferor and the transferee affix their official seals or signatures;

3. Copy of trademark certificate or bid-winning notice in triplicate;

4. A copy of the transferee's business license or ID card in triplicate;

5. Time: About three months, the Trademark Office will issue a transfer certificate 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, and the original trademark certificate and the transfer certificate are used together;

6. Precautions:

(1) Where a trademark is transferred, if the assignor cannot affix its seal, the assignee shall submit the certificate or legal documents that it has the right to accept the trademark. For example, if an enterprise transfers a trademark due to merger, merger or reorganization, it shall submit a certificate issued by the registration department of the administrative department for industry and commerce, and the name before merger (or merger or reorganization) and the name after merger (or merger or reorganization) on the certificate shall be consistent with the name of the transferor and the name of the transferee in the application; Where a trademark is transferred due to a court decision, a legal document issued by the court shall be submitted, and the name of the person subjected to execution and the name of the enterprise accepting the trademark on the legal document shall be consistent with the names of the transferor and transferee in the application;

(2) Where a registered trademark is assigned, the trademark registrant shall assign the same or similar trademark registered on the same or similar goods.

I am here to sort out the contents of the trademark transfer process, hoping to help you. Many times, when dealing with trademarks, most people don't know what to do. At this time, I suggest that you consult your lawyer first and let a professional lawyer help you analyze it, so as to safeguard your interests.