2. If the transfer application does not meet the statutory 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 mail the transfer certificate to the transferee 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. If the transferee in the transfer application is owned by more than one person, the relevant notice or certificate of the Trademark Office will only be sent to the representative. Other * * * people who need proof shall apply for a replacement.
If the applicant entrusts a trademark agency to handle the transfer application, the Trademark Office will not have any direct contact with the applicant, and all documents will be sent to the trademark agency.
6. The category of application shall be filled in according to the international classification approved by the Trademark Registration Certificate.
7. The Trademark Office may require notarized copies of documents formed overseas, or handle relevant authentication procedures for documents formed in Hong Kong, Macao and Taiwan.
8. If there are foreign documents in the transfer application materials provided by the applicant, the Chinese translation shall be submitted at the same time. The Chinese translation shall be confirmed by the signature and seal of the applicant or agency.
9. The Trademark Office shall, after formal examination of the trademark transfer application, send the Notice of Acceptance of the Transfer Application to the assignee and the Notice of Acceptance of the Transfer Application to the assignor, in China (except Hong Kong, Macao and Taiwan).
10. 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 organ. The Trademark Office may request notarization or suspend the examination procedure for trademark transfer application according to the application.
1 1. If the trademark owner finds that his trademark has been transferred without the consent of others, he may bring a civil lawsuit to the people's court. The Trademark Office makes a decision on trademark assignment according to the judgment of the people's court.
12. Where a registered trademark is transferred, the transferee shall enjoy the exclusive right to use the trademark from the date of announcement. Only after the transferee has obtained the exclusive right to use the trademark can he apply for re-assignment. Where the right to apply for a trademark is transferred, the transferee may apply for re-transfer only after obtaining the notice of approval of the transfer.
Extended data:
Trademark transfer is aimed at registered trademark holders, and there is another subject in the transfer process, that is, trademark buyers. For trademark buyers, buying a trademark has the following three advantages over registered trademarks.
1, time advantage
Generally, it takes 1-2 years to register a trademark (the time for trademark registration is not specified by China Trademark Office, and the efficiency of trademark registration is directly related to the number of trademark applications in China, generally 1-2 years).
Generally, it only takes about 6- 10 months to transfer a trademark, which saves half the time compared with registered trademarks, and is a considerable time saving for many buyers who need to own trademarks in a short time.
2, the success rate advantage
The pass rate of registered trademarks is not high. Registering a new trademark is a process from scratch, and it is difficult to guarantee whether there are similar trademarks in the trademark office or in the market. If the Trademark Office finds similar trademarks, it may lead to unsuccessful trademark registration.
The risk of transferring a trademark is very small. The transferred trademark itself is a registered trademark that has been approved and recognized by the State Trademark Office. Therefore, there is no possibility that the State Trademark Office will reject the trademark because it is similar. To transfer a trademark, the transferor and the transferee only need to file with the State Trademark Office through an agency, and the transferee can get the trademark registration certificate and own the trademark.
3. Trademark value advantage
After the new trademark is registered, it needs to be promoted from scratch, and its initial value is very low.
Transferred trademarks are generally recognized trademarks in the market, with a certain popularity and high value, which is convenient for buyers to establish their own brands in a short time.
Baidu encyclopedia-trademark transfer