How long does it take to transfer a trademark?
Generally speaking, 6? In about 8 months, the Trademark Office will issue a transfer certificate and issue a trademark transfer announcement. 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. The original trademark certificate and the transfer certificate are used together.
What are the ways to deal with trademark transfer?
1, brief description
(1) Where a registered trademark is transferred to another person, it shall go through the formalities for the transfer of the registered trademark with the Trademark Office.
(2) Where the exclusive right to use a trademark is transferred due to enterprise merger, merger or reorganization, it shall go through the formalities for the transfer of a registered trademark at the Trademark Office.
(3) Where the exclusive right to use a trademark is transferred according to law, the transfer formalities shall also be handled.
When handling trademark transfer or transfer, an Application for Trademark Transfer Registration shall be filled in.
From September 15, 2002, a trademark that has been applied for but has not been approved for registration may also apply for transfer or assignment.
2. Coping style
There are two ways to apply for the transfer of a registered trademark:
(1) Entrust a nationally recognized trademark agency to handle it.
(2) The applicant goes directly to the trademark registration hall of the Trademark Office.
3. Format of handover documents
There is only one file format for transfer, namely "application for transfer and application for registered trademark".
What are the risks of trademark transfer?
1. The trademark is licensed privately when the court has sealed it up and frozen it. Like what? Edo? 、? IDALL？ And other trademarks;
2. Before the bankruptcy liquidation of the enterprise, the employees of the original enterprise illegally transferred it to a third party in violation of the bankruptcy law;
3. Transferring the trademark to a third party without permission in violation of the agreement of both parties. Some companies are? A mole? For the sake of mischief, shareholders privately transfer trademarks to their own separate companies;
4. After both parties sign a trademark license contract and file it with the Trademark Office, the licensee transfers the trademark to his own name privately;
5. The distribution agent transfers the client's trademark to his own company name without permission;
6. The registered agency privately registers the client's trademark abroad and transfers it to a foreign company, which prohibits the domestic products of the client from being resold abroad, causing foreign-related litigation;
7. Transferring the trademark registered by others abroad to the name of their own domestic company without permission, and prohibiting the products of the original domestic trademark owner from being resold to that country;
8. Some illegal trademark offices pretend to sign, complete the transfer procedures and swallow the money without the consent of the obligee.
Matters needing attention in trademark transfer
1. Where a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods together.
2. One month after the application for transfer is submitted, the Trademark Office will send the Notice of Acceptance to the transferee according to the address filled in the application, and send a copy of the Notice of Acceptance to the registrant according to the address recorded by the Trademark Office.
3. If the transfer application does not meet the statutory requirements, 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.
4. 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.
5. If the application for transfer cannot be approved for other reasons, the Trademark Office will notify the applicant in writing by post according to the address filled in the application.
6. 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.
7. 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.
8. The category of application shall be filled in according to the international classification approved by the Trademark Registration Certificate.
How to handle the trademark transfer?
Trademark transfer refers to the transfer of trademark ownership by the trademark owner to others, which can be a sale, a contribution or a gift. Transferred trademarks include both registered trademarks and trademarks that have been applied for but have not been approved for registration. Regarding the procedure of trademark transfer, Article 39 of China's Trademark Law stipulates? Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark. After the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement. ?
Article 25 of the Regulations for the Implementation of the Trademark Law stipulates? Where a registered trademark is assigned, the assignor and the assignee shall submit an application for assignment of the registered trademark to the Trademark Office. The application procedures for the transfer of a registered trademark shall be handled by the assignee. After the Trademark Office approves the application for the transfer of a registered trademark, it shall issue a corresponding certificate to the assignee and make an announcement. Where a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods together; If they are not transferred together, the Trademark Office shall notify them to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be deemed as giving up the application for transferring the registered trademark, and the Trademark Office shall notify the applicant in writing. Where the application for assignment of a registered trademark may cause misunderstanding, confusion or other adverse effects, the Trademark Office shall not approve it, and notify the applicant in writing and explain the reasons? .
The above is how long the trademark transfer provided by Bian Xiao will take. I hope everyone will like it!
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