First, how to transfer the company trademark to the personal name
All trademarks of the company can be transferred to individual names. Where a registered trademark is transferred, the transferor and transferee shall submit an application for the transfer of the registered trademark to the Trademark Office.
Where a registered trademark is transferred according to Article 31 of the Regulations for the Implementation of the Trademark Law of People's Republic of China (PRC), the transferor and transferee shall submit an Application for Transfer of a Registered Trademark to the Trademark Office. The application procedures for the assignment of a registered trademark shall be handled by both the assignor and the assignee. Where the Trademark Office approves an application for the transfer of a registered trademark, it shall issue a corresponding certificate to the transferee and make an announcement.
Where a registered trademark is transferred, if the trademark registrant fails to transfer the same or similar trademarks registered on the same or similar goods together, the Trademark Office shall notify him 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.
Second, how long does it take to transfer the trademark?
Regarding the question of how long it takes for trademark transfer, China's Trademark Law does not stipulate the time limit for trademark transfer review. However, according to the review progress of trademark transfer application by China's Trademark Office, trademark transfer needs to go through the formalities at the Trademark Office, and its process includes: application, acceptance, review, announcement and issuance of transfer certificates.
According to the provisions of the Trademark Law of People's Republic of China (PRC), trademark holders generally complete trademark notarization within 3-5 working days and obtain a notarized trademark declaration. The Trademark Office issued an acceptance letter in about 1-2 months and began to review. The Trademark Office will issue an announcement about 5-8 months after accepting the application, and issue a certificate of approval and transfer of the registered trademark to both parties. You can get the certificate of approval and transfer of registered trademarks within three to four months from the date of application.
So under normal circumstances, it takes about six months to a year to transfer a trademark.
3. What are the precautions in trademark transfer?
When a trademark assignor registers the same or similar trademark on the same or similar goods, it must handle the assignment together. Including approximation or cross-class approximation and partial approximation, if the trademark has graphics, text and English, any trademark similar to one of these three parts must be transferred one by one.
(1) approximate trademarks are transferred together.
Trademark registrants shall assign similar trademarks registered on the same commodity or identical or similar trademarks registered on similar commodities.
(2) A notarial certificate is required.
To apply for trademark transfer, it is generally necessary to submit the original notarial certificate of trademark transferor's consent to trademark transfer.
In the process of trademark transfer, if the original notarial certificate of trademark transfer is not submitted, the Trademark Office will give the applicant the opportunity to make corrections. If it fails to make corrections within the due period or fails to make corrections as required, the application for transfer will be rejected or deemed to be abandoned.
(3) Whether the name and address of the trademark registrant are consistent with those in the business license.
If the name and address on the transferor's business license do not match the name and address on the transferred trademark registration certificate, the Trademark Office will reject the transfer application. According to the provisions of the Trademark Law, if the name and address of the owner of a registered trademark are changed, the change procedures must be handled. If it fails to make corrections within the time limit or fails to make corrections as required, the transfer shall not be approved or deemed to have been abandoned.
(four) to prevent the transferor from transferring the registered trademark repeatedly.
The transferee can't just listen to the rhetoric of the transferor and the trademark registration certificate provided, but must investigate whether the transferor is a trademark registrant and whether the transferor's name is consistent with the applicant's name recorded in the archives of the Trademark Office. Because the time limit for the Trademark Office to examine trademark transfer applications has been extended to 6 to 12 months, it is sometimes difficult to obtain accurate information only from the China Trademark Network of the Trademark Office.
To apply for the transfer of a registered trademark, the assignor and the assignee shall apply to the Trademark Office at the same time, and the assignee shall go through the application procedures for the transfer of a registered trademark. Should not be handled by the original trademark holder. After the Trademark Office approves the application for transfer, it shall issue the corresponding notice of transfer and certificate of transfer to the trademark transferor and transferee.
The above is the relevant legal knowledge about how to transfer the company trademark to the personal name. To sum up, the company trademark can be transferred to an individual name, and an application for transfer is required. If you have any other questions, please feel free to consult, and we will have professional lawyers to answer them for you.