1. What is the process of transferring a registered trademark?

(1) Fill out the "Application Form for Transfer of Registered Trademark". The application shall be in the form prescribed by the State Administration for Industry and Commerce, stating the number and name of the transferred trademark, the name and address of the transferor, the name, address and business license number of the transferee, and shall be stamped with the seals of both parties.

(2) Attached are relevant documents. When submitting the transfer application, you should also submit the original registration certificate, a copy of the transfer application trademark contract and other documents;

(3) Pay the transfer application fee and transfer registration fee. The application for transfer of a registered trademark will be reviewed by the local industrial and commercial administration department and submitted to the Trademark Office for review. After approval, it will be published in the "Trademark Announcement" and the original "Trademark Registration Certificate" will be annotated and issued to the transferee, and the transfer will be completed. .

2. Things to note when transferring a registered trademark

When transferring a trademark, the transferee should pay attention to the following matters to avoid damaging its own interests:

1 . Whether the trademark transferor is the owner of the registered trademark

If the transferor is not the owner of the trademark and does not enjoy the exclusive right to register the trademark, he will not have the right to transfer, which may result in the transfer being invalid. Therefore, the transferee should carefully confirm whether the owner of the registered trademark and the transferor are consistent before signing the contract. Simply checking the Trademark Registration Certificate provided by the assignor is not enough. Because a registered trademark may have been transferred, the transferred trademark transferee may not necessarily be shown on the "Trademark Registration Certificate"; for trademark transfers, the Trademark Office generally will not directly change the registrant on the "Trademark Registration Certificate", but A separate "Approved Trademark Transfer Certificate" is issued, which directly displays the name of the trademark transferee. Therefore, it is also necessary to ask the transferor whether the trademark has been transferred and whether there is a transfer certificate. To be on the safe side, it is best for the transferee to go to the Trademark Office to check the Trademark Registration Book to further confirm that it is correct.

2. Is the registered trademark within the validity period?

The validity period of a registered trademark is ten years, calculated from the date of approval of registration. If you need to continue to use it after the expiration of the validity period, you should apply for renewal. register. If the transferred registered trademark has expired and has not been renewed, and the transferor no longer has the exclusive right to register the trademark, then the transferee will naturally not enjoy the exclusive right to the registered trademark after the transfer.

3. Have both parties signed a written transfer agreement?

Although the contract can be in oral, written or other forms, according to the provisions of the Trademark Law, when a registered trademark is transferred, the transferor and the The transferee shall sign a written transfer agreement. Otherwise, in the event of a dispute, the validity of the oral transfer contract will easily be negated. Without a written transfer agreement, if the transferor transfers it to another person and it is approved by the Trademark Office, the rights of the transferee will not be protected.

4. Is it necessary to submit an application for transfer of a registered trademark to the Trademark Office?

The transferor and the transferee should submit an application to transfer a registered trademark to the Trademark Office at the same time. The Trademark Office approves and announces it, and the assignee enjoys the exclusive right to use the trademark from the date of announcement. The application procedures for transferring a registered trademark shall be handled by the transferee, and the transferor shall be obliged to provide all necessary assistance. If a transfer application is not submitted to the Trademark Office, the transfer will not be effective.

5. Whether the same or similar trademarks of the transferor are transferred together?

The transferor must transfer the same or similar trademarks registered on the same type or similar goods together, and cannot Only transfer part, keep part for yourself, or transfer the other part to a third party.