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How to transfer a trademark

Methods for trademark transfer: First, both parties to the transfer reach negotiations on matters related to trademark transfer and enter into a written transfer contract. Then, file a transfer registration application with the Trademark Office. Finally, the Trademark Office will review and approve the transfer registration if it meets the requirements.

Legal Basis

Article 4 of the Trademark Law of the People's Republic of China

In production and business activities, natural persons, legal persons or other organizations , if you need to obtain the exclusive right to use a trademark for your goods or services, you must apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected.

The provisions of this Law regarding commodity trademarks shall apply to service trademarks.

Article 42

If a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and submit an application 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.