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What is the company's trademark transfer process and cost?

What is the process and cost of trademark transfer? Trademark transfer refers to the act that a trademark registrant transfers the exclusive right to use a trademark to another party within the validity period of a registered trademark according to legal procedures. Trademark transfer generally has the following forms: contract transfer, subsequent transfer, and transfer due to administrative orders. So what is the company's trademark transfer process and cost? The following is a detailed introduction of this issue by Xiaobian. Let's take a look!

The process of transferring a trademark from a company to a company needs to go through the formalities in the Trademark Office, which includes: application → acceptance → review → announcement → issuance of the transfer certificate.

1. The Buyer and the Seller sign the Trademark Assignment Contract/Agreement.

2. Trademark notarization is generally completed within 3-5 working days for the trademark holder to obtain the Trademark Declaration Notary Certificate.

3. Submit the prepared materials and notarial certificate to the Trademark Office, and then pay the transfer fee.

4. The Trademark Office will issue the acceptance letter in about 1-2 months, and start the examination.

5. The Trademark Office will publish an announcement about 5-8 months after accepting it, and issue the Certificate of Approved Transfer of a Registered Trademark to both parties.

Precautions for trademark transfer of the company

1. One month after the application for transfer is submitted, the Trademark Office will send a Notice of Acceptance to the transferee by mail according to the address filled in the application, and at the same time send a copy of the Notice of Acceptance to the registrant according to the address of the registrant recorded in the Trademark Office.

2. If the application for transfer does not meet the legal requirements or cannot be approved, 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.

3. After the transfer application is approved, the Trademark Office will send the transferee a certificate of transfer by mail 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.

4. The transferee in the transfer application is owned by more than one person, and the relevant notice or certificate of the Trademark Office is only issued to the representative. Where * * * someone needs proof, they should apply for a replacement.

5. if the applicant entrusts a trademark agency to handle the transfer application, the trademark office will not have any correspondence with the applicant directly, and all documents will be sent to the trademark agency.

6. The category of the application shall be filled in according to the international classification approved by the Trademark Registration Certificate.

7. The Trademark Office may require notarized and certified copies of documents formed abroad, and may require relevant certification procedures for documents formed in Hong Kong, Macao and Taiwan.

8. If there are foreign language documents in the transfer application materials provided by the applicant, it shall also submit its Chinese translation. The Chinese translation shall be confirmed by the signature and seal of the applicant or agency.

9. After the Trademark Office has formally examined the application for trademark assignment, if it meets the relevant provisions, it will send a Notice of Acceptance of Transfer Application to the transferee and a Notice of Acceptance of Transfer Application to the domestic (except Hong Kong, Macao and Taiwan) transferor.

1. If the trademark owner or interested party has any objection to the trademark transfer and requests the Trademark Office to suspend the examination, it shall submit a written application and provide the filing certificate or other supporting documents of the relevant judicial organs. Based on the application, the Trademark Office may request notarization or suspend the examination procedure for the application for trademark assignment.

11. If the trademark owner finds that his trademark has been transferred by others without consent, he may bring a civil lawsuit to the people's court. The Trademark Office shall make a decision on the transfer of the trademark according to the judgment of the people's court.

12. If a registered trademark is transferred, the transferee shall enjoy the exclusive right to use the trademark from the date of announcement. The assignee can only apply for re-assignment after obtaining the exclusive right to use the trademark. Where the right to apply for a trademark is transferred, the transferee can only apply for re-transfer after obtaining the notice of approval of the transfer.

The trademark transfer fee generally includes two parts:

1. Trademark transfer acceptance fee: the fee for applying for trademark transfer of a trademark is 5 yuan, and the acceptance fee is paid directly to the State Trademark Office, which collects the official fee of 5 yuan;

2. Agency fee for trademark transfer: If an agency is entrusted, a certain agency fee shall be paid separately.

The above is an introduction about the company's trademark transfer process and costs. If you want to know more, please visit Intellectual Property. Trademark transfer process and cost company trademark transfer