1. A written agreement must be signed for the transfer of a registered trademark.

The "Trademark Law" stipulates that when a registered trademark is transferred, the transferor and the transferee shall sign an agreement. In the actual operation of trademark transfer, most of them are stipulated in a written agreement. You should also pay attention to clarify whether the transfer is paid or free, settlement method, liability for breach of contract, dispute settlement, etc.;

2. Notarization of trademark transfer

Normally speaking, in order to ensure the smooth progress of trademark transfer and shorten the trademark transfer cycle, trademark transfer is generally carried out fairly. Fairness of trademark transfer is not mandatory. If the transfer agreement submitted is flawless, it does not need to be notarized.

Generally speaking, there are currently two types of situations involving the transfer of registered trademarks that require notarization:

First, due to mutual distrust between the parties, they rely on a notary agency to verify the transfer. The authenticity and legality shall be reviewed;

Second, the trademark management department believes that there are doubts in the transfer and requires the transferor to provide a notarized certificate.

However, generally when transferring a trademark, fair documents will be submitted in one go, because the Trademark Office may require resubmission, which will extend the transfer processing time by 2 to 6 months.

3. Withdrawal of transfer after notarization

Both parties can still withdraw the trademark transfer after notarization. Whether it is fair or not is not directly related to whether it can be withdrawn. As long as both the transferor and the transferee agree, the transferred trademark can be withdrawn. Withdrawing a transfer application requires the consent of both the transferor and the transferee, and the application must be stamped. In other words, the withdrawal of a transferred trademark must be subject to the consent of both parties, and cannot be withdrawn unilaterally.

4. Regarding collective transfer. If similar trademarks are not transferred together, the Trademark Office will notify them to make corrections within a time limit. If they do not make corrections within the time limit, the application for transfer of the registered trademark will be deemed to have been abandoned. If the other party does not accept the transfer of similar trademarks, this clause will bring us great risks, so we should not give the other party a larger amount in the early stage. Although the other party cannot unilaterally withdraw the transferred trademark, if the other party refuses to transfer the similar trademark together, the trademark transfer application submitted to the Trademark Office will be deemed to be abandoned. Risks are caused by the principle of collective transfer of similar trademarks. If we want to avoid risks, similar trademarks must be transferred together when making a transfer contract. If in the end the other party refuses to transfer the similar trademark together, causing the trademark transfer application to be regarded as abandoned, we will be very passive.

5. After the trademark transfer is completed, we need to retain the following materials:

(1) All original documents related to the trademark: Original power of attorney for trademark application, Trademark registration acceptance notice Original trademark rejection or partial rejection notice, original trademark review agency power of attorney, original trademark rejection review acceptance notice, original trademark approval and registration certificate

(2) Original documents generated during the transfer process of this trademark:

Original application form for trademark transfer

Original authorization letter for trademark use

Original trademark transfer contract

Original power of attorney for trademark transfer

Original notarized materials for trademark transfer

Original notice of trademark transfer acceptance

Original notice of trademark transfer approval

6. The time required to approve the transfer shall be determined according to the "Trademark Transfer Acceptance Notice" Article 39 of the Trademark Law and Article 25 of the Implementation Regulations of the Trademark Law stipulate that when a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement, and the transferor and the transferee shall submit the transfer registration to the Trademark Office Trademark application form, application procedures for transfer of registered trademark shall be handled by the transferee.

The Trademark Office will approve it in about half a year, issue corresponding certificates to the assignee, and make an announcement. The transferee will truly enjoy the exclusive right to the trademark from the date of announcement. The current transfer time is roughly between half a year and a year. The trademark transferor and transferee sign a trademark transfer contract, which shall be signed and sealed by both parties to take effect. Both the transferor and the transferee need to provide a copy of a valid annual business license with a valid seal. If the materials are authentic and notarized, there is generally no risk.

If there is a problem with the materials, the license is not valid, or the official seal is not the original official seal, the transfer may be unsuccessful.

It is best to notarize the transfer agreement and the license and seal provided by the transferor to prove that it is true and valid.