Trademark transfer process and precautions

Trademark transfer is an act in which a trademark registrant transfers the exclusive right to use a trademark to another party in accordance with legal procedures during the validity period of the registered trademark. Since September 15, 2002, trademarks that have been applied for but have not yet been approved for registration can also apply for assignment or transfer. Trademark transfer generally takes the following forms: contractual transfer, inheritance transfer, and transfer due to administrative orders. Applicants can decide, based on their own specific circumstances, to entrust an organization with trademark agency qualifications to handle the matter on their behalf, or to go directly to the Trademark Office. If the applicant is familiar with trademark laws, regulations and related procedures, and the postal service at his residence or business place is in good condition, he can try to directly handle the matter. Go to the Trademark Office; if you do not meet the above conditions, it is best to entrust a trademark agency to act as an agent.

Transfer method:

The applicant can entrust an organization with trademark agency qualifications recognized by the State Administration for Industry and Commerce to act as an agent. At present, there are nearly 4,000 nationally recognized trademark agency organizations, distributed in various provinces, autonomous regions, and municipalities across the country. Bajie () is one of the well-known trademark agency platforms in China, with good reputation and professionalism. It has been awarded the Zhejiang Province Industry Integrity and Public Satisfaction Demonstration Unit. It is proficient in trademark registration, trademark transfer, brand authorization and other trademark agency services, and can accurately Understand the intentions of the client and the Trademark Office, and assist the parties to make accurate modifications to the modification documents issued by the Trademark Office, so that the review of the transfer registration application can proceed smoothly.

Application steps

1. Prepare application documents:

The application documents that should be submitted are:

(1) "Transfer" "Application Form for Application/Registration of Trademark" and Trademark Registration Certificate

(2) Identity documents or business licenses (copies) of the transferor and transferee

(3) Authorized agent Submit the "Trademark Transfer Agency Power of Attorney" issued by the transferee

(4) If applying for transfer, relevant supporting documents should also be submitted

(5) If the application documents are in a foreign language , a Chinese translation signed and confirmed by the translation agency should also be provided

(6) Provide a notarized certificate of trademark transfer declaration from the notary office

2. Submit the application documents:

If a trademark agency is entrusted to handle the application, the trademark agency will deliver the application documents to the Trademark Office.

3. Payment of transfer fees:

A transfer application requires payment of transfer fees. If a trademark agency is entrusted to handle the matter, the applicant shall pay the transfer fees and agency fees to the trademark agency. The transfer fees collected by the Trademark Office will be deducted from the advance payment of the trademark agency.

IV. Notes:

1. When transferring a registered trademark, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods together.

2. One month after the transfer application is submitted, the Trademark Office will send the "Trademark Transfer Acceptance Notice" to the transferee by mail according to the address filled in the application form. At the same time, the transferred trademark will be registered with the Trademark Office according to the A copy of the "Notification of Acceptance" will be sent to the recorded registrant's address.

3. If the transfer application does not comply with legal requirements, the Trademark Office will notify the applicant in writing by mail to make corrections within a time limit according to the address filled in on the application.

4. After the transfer application is approved, the Trademark Office will send the transfer certificate to the transferee by mail according to the address filled in the application form, and publish an announcement on the transfer of the trademark. The date of signature on the certificate is the date of announcement, and the assignee shall enjoy the exclusive right to use the trademark from that date.

5. If the transfer application cannot be approved due to other reasons, the Trademark Office will notify the applicant in writing by mail according to the address filled in the application form.

6. If there are multiple transferees in the transfer application***, the relevant notice or certificate from the Trademark Office will only be issued to the representative. If anyone else needs proof, they should apply for a reissue.

7. If the applicant entrusts a trademark agency to handle the transfer application, the Trademark Office will not directly have any correspondence with the applicant, and all documents will be sent to the trademark agency.

8. The category of the application should be filled in according to the international classification category approved by the "Trademark Registration Certificate".

9. Things to note when natural persons apply for trademark registration: In accordance with the provisions of Article 4 of the Trademark Law of the People's Republic of China, those engaged in production, manufacturing, processing, selection, distribution of goods or provision of services A natural person who needs to obtain the exclusive right to use a trademark shall apply for trademark registration to the Trademark Office. When applying for trademark registration and transfer in the name of a natural person, in addition to submitting the "Trademark Registration Application", trademark drawings and other materials in accordance with relevant regulations, you should also submit ID cards, business licenses, contract contracts and other documents.

At the same time, Bajie trademark agency experts pointed out that when trademark transfer procedures are carried out, it should be a free transaction under the voluntary conditions of both parties. It is recommended that the local trademark agency with a good foundation of integrity should generally handle it or entrust a certain nationwide trademark agency to handle it. An honest and reliable trademark website platform agent allows trademark transfer to generate greater corporate brand value and realize brand dreams!

China Clothing Network Notes on Trademark Transfer