trademark change
according to article 41 of the current trademark law, "if a registered trademark changes the name, address or other registered items of the registrant, an application for change shall be filed." The change of a trademark refers to the change of the registrant, registered address or other matters of a registered trademark. Where the applicant changes its name, address or agent, or deletes the designated goods, it may go through the formalities of change with the Trademark Office. If you want to change the words and graphics of a registered trademark, you should re-apply for trademark registration and treat it as a newly applied trademark, which cannot be called trademark change.
2 Ways to handle
There are two ways to apply for changing the name, address or other registered items of a trademark registrant:
(1) Entrust it to a trademark agency filed with the Trademark Office.
(2) Applicants should go directly to the trademark registration hall of the Trademark Office (applicants in Zhongguancun National Independent Innovation Demonstration Zone can also go to the office of the Trademark Office in Zhongguancun National Independent Innovation Demonstration Zone at the administrative office hall on the second floor of Haidian Branch of Beijing Administration for Industry and Commerce, No.9 Daozuomiao, Haidian District, Beijing). [1]
3 formats of documents
There are four formats of documents to be changed: Application for Changing the Name/Address of Trademark Applicant/Registrant, Application for Deleting Goods/Services, Application for Changing Trademark Agent and Application for Correcting Trademark Application/Registered Items.
The applicant should fill in the corresponding application form according to the specific matters handled:
1. If it is necessary to change the name or address, it should fill in the Application Form for Changing the Name/Address of the Trademark Applicant/Registrant. If the trademark registrant or applicant applies for changing the name and address at the same time, it is enough to fill in an application form;
2. If it is necessary to delete the goods or services in the registered trademark or registration application, an Application Form for Deleting Goods/Services shall be filled in, but the goods or services cannot be qualified or modified;
3. If it is necessary to change the trademark agent, an Application Form for Changing the Trademark Agent shall be filled out;
4. If there are errors in the registration documents or application documents that need to be corrected, an Application for Correction of Trademark Application/Registration Matters shall be filled out. The errors mentioned here are limited to individual textual errors in the application documents.
4 Procedures for change
(1) Preparation of application documents
The application documents to be submitted are:
Application for change (choose the form according to the specific contents of the application);
a copy of the applicant's identification documents (copy of business license, ID card, etc.);
if the entrusted agent submits the Power of Attorney, the copy of the ID card of the agent shall be submitted directly in the acceptance hall;
if applying for changing the name of the registrant, a certificate of change issued by the registration authority shall also be submitted;
(6) If the application documents are in a foreign language, a Chinese translation confirmed by the signature of the translation agency shall also be provided.
1. Fill in the application form one by one, and it must be typed or printed.
2. When going through the alteration formalities, each trademark (each registration number) shall fill in an application for alteration and affix the seal of the applicant and/or the seal of the agent.
3. If the applicant goes directly to the trademark registration hall, in addition to submitting the application, the applicant's business license and its copy (or a copy of the business license stamped with the official seal of the company) and a copy of the ID card of the handler should also be submitted; If the applicant is a natural person and handles it himself, just submit a copy of the applicant's ID card. Where a trademark agency is entrusted, in addition to the application, a power of attorney for trademark agency, a copy of the applicant's business license or ID card shall also be submitted.
4. if you apply to change the name of the registrant, you should also submit the certificate of change issued by the registration authority. If the registrant is an enterprise, it shall issue a certificate of change from the registration department of the administrative department for industry and commerce; If the registrant is a public institution, it shall issue a certificate of change of the registration authority of the public institution; If the registrant is a natural person, it shall issue a certificate of change of the police station where the household registration is located. The name before change and the name after change on the certificate shall be consistent with the name before change and the name of the applicant on the application. If a foreign enterprise or foreigner only needs to change its Chinese translation name, it shall provide a statement that the foreign enterprise or foreigner has applied for changing its Chinese translation name.
5. the change of the applicant's name of a trademark that has not been approved for registration shall also be handled in accordance with the above provisions.
6. if you apply for a change of address, you don't need to attach a certificate of change, except in the case that a natural person changes his address internationally.
7. If a natural person changes his/her address by nationality, he/she shall submit proof that he/she has lived at his/her current address for more than one year when applying.
8. If the trademark applied for change is a trademark of * * *, the following documents shall also be submitted:
A. If there is a trademark representative in the application for change of * * *, an application for change of the name/address of the registrant shall be filled in, and a statement of consent of other * * * owners shall also be submitted.
B, if you apply to change the name of the trademark * * *, whether it is to change all the names of * * * owners or some of * * * owners, or to change the name of * * * trademark representative, you should fill in the names of all * * * owners in the application form. The name and address of the representative should be written on the first page of the application, and the names of other * * * people should be written on the attached page of the application, and other * * * people do not need to fill in the address.
C. if the name and address of the representative are changed, the name and address of the changed representative should be written in the column of the applicant's name and address on the first page of the application, and the name and address of the representative before the change should be written in the column of the name and address before the change on the first page of the application, and the corresponding certificate of name change should be attached. If the name and address of the representative have not changed, and the name of other * * * people applies for change, the columns of name before change and address before change on the first page of the application need not be filled in.
D, if the names of other * * * owners are changed, the names of other * * * owners before the change and the names of other * * * owners after the change (hereinafter referred to as the name list before the change and the name list after the change) should be filled in respectively, and the corresponding change certificates should be attached. If the names of other * * * people have not changed, the names of the * * * people who have not changed should be filled in the list of names before change and the list of names after change on the attached page of the application.
(II) Submission of application documents
1. If the applicant goes to the trademark registration hall directly, the application documents will be submitted in the application acceptance window of the trademark registration hall after they are ready, and the staff at the window will confirm whether the application documents are qualified.
2. If a trademark agency is entrusted to handle the matter, the trademark agency shall serve the application to the Trademark Office.
(III) Payment of change fees
A change application should pay a change fee, 5 yuan.
if it is entrusted to a trademark agency, the applicant shall pay the alteration fee and agency fee to the trademark agency, and the alteration fee charged by the trademark office shall be deducted from the advance payment of the trademark agency.
5 renewal procedures
when the owner of a registered trademark needs to renew his exclusive right to use a trademark at the expiration of the ten-year exclusive use of the trademark [2], he shall apply for renewal of the registered trademark.
1. application time: apply 12 months before the expiration of the registered trademark. if you fail to apply within the prescribed time limit, you can be given a six-month extension, but you must pay the delay fee according to the regulations.
2. application: application for trademark renewal registration, which can be obtained from the trademark agency organization affiliated to the local industrial and commercial bureau: 3 copies of the original trademark registration certificate and 5 trademark designs.
3. application procedures: submit the completed application for trademark renewal and other documents to the trademark agency.
4. Examination by the Trademark Office: The Trademark Office examines the application for renewal of a registered trademark, finds that the procedures are complete and conform to the regulations, and issues a certificate for renewal of a registered trademark. Those that violate the legal provisions will not be approved and the application will be rejected.
the trademark registrant's application for the renewal of a registered trademark ends when he receives the announcement of the renewal of the registered trademark and the certificate of the renewal of the registered trademark. Where the application for renewal of a registered trademark is rejected, if the applicant refuses to accept it, he may apply to the Trademark Review and Adjudication Board for review within 15 days after receiving the notice of rejection, and the application for renewal of a registered trademark will enter the review stage of application for rejection of trademark renewal.
6 transfer procedures
transfer process:
if the trademark registration unit needs to transfer the registered trademark in economic activities or for other reasons, the transferor and the transferee may apply to the trademark office at the same time.
1. Application: 3 copies of the transferee's business license and 3 copies of the original trademark registration certificate in the Application for Transfer of a Registered Trademark.
2. application procedures: the assignor and the assignee * * * fill out the application form for assignment of a registered trademark together with the trademark registration certificate and submit it to the trademark agency for agency.
3. Examination: The Trademark Office examines the agent's documents, approves the application with complete procedures and meeting the requirements, issues the certificate of transfer of the registered trademark, and makes an announcement. Reject the trademark application that does not meet the legal requirements, and notify the trademark agency organization, which will inform the parties concerned. If the parties are not satisfied with the rejection of the trademark transfer application, they can apply to the Trademark Review and Adjudication Board for a review within 15 days from the date of receiving the rejection notice, thus moving to the review stage of applying for rejection of trademark transfer.
notice of transfer:
a. trademark transfer, the transferor must transfer the entire trademark right, that is, transfer the exclusive right to all goods approved by the trademark registration to the transferee;
B. If the same or similar trademarks are registered on the same or similar goods, the transferor shall transfer these trademarks of the transferor together;
C. The transferred trademark must be a valid trademark;
D. when the transferor transfers the registered trademark of drugs, tobacco products, newspapers and magazines, the transferee shall provide the certificate of the relevant department in accordance with the provisions of the detailed rules for the implementation of the trademark.
7 Special statement
(1) The above contents are not official documents issued by the State Administration for Industry and Commerce or the Trademark Office of the State Administration for Industry and Commerce, so all contents are instructive and have no legal binding force.
(2) The above contents were revised in July 26. If there is any change in the future, or if it is inconsistent with the requirements of the receptionist in the trademark registration hall, the requirements of the receptionist shall prevail.
8 Precautions
1. If the name or address of the registrant of trademark [3] is changed, the trademark registrant shall change all its registered trademarks together.
2. After the application for change is submitted, the Trademark Office accepted by the Trademark Office will send the applicant a Notice of Acceptance by mail according to the applicant's address filled in the application.
3. If the application for change needs to be corrected, the Trademark Office will notify the applicant in writing by post to make corrections within a time limit according to the applicant's address on the application.
4. After the application for change is approved, the Trademark Office will send the applicant a certificate of change by mail according to the address filled in the application.
5. If the application for change cannot be approved for other reasons, the Trademark Office will notify the applicant in writing by post according to the applicant's address filled in the application.
6. After the trademark change application is approved, the change certificate will only be issued to the representative. If other people need it, they should apply for a replacement certificate.
7. If the applicant entrusts a trademark agency to handle the change application, the Trademark Office will not have any correspondence with the applicant directly, and all documents will be sent to the trademark agency.
8. The category of the application shall be filled in according to the international classification approved by the Trademark Registration Certificate.