1. It takes 1-2 months for the State Trademark Office to receive the transfer application documents and send out the transfer acceptance notice;
2. within 4-6 months after receiving the notification of acceptance of transfer, the State Trademark Office will review the trademark proposed for transfer;
3. After approval, publish an approval announcement and issue a Certificate of Approval for Transfer of Registered Trademarks; The time required for trademark transfer is 6-12 months. The trademark protection period is calculated from the date of approval, and the specific provisions are as follows:
1. The validity period of a registered trademark is ten years, counting from the date of approval. It can be renewed twelve months before the expiration of the validity period and the renewal fee can be paid, and the validity period of each renewal is still ten years;
2. The number of renewals is unlimited. If no application is made within this time limit, a 6-month extension period may be granted. If the renewal of registration is not filed within the grace period, the Trademark Office shall cancel its registered trademark and make an announcement. It should be noted that if an objection is raised, but it is ruled that the objection cannot be established and the registration is approved, the time for the applicant to obtain the exclusive right to use a trademark shall be counted from the date of expiration of three months after the announcement of preliminary examination.
The procedures for trademark renewal are as follows:
1. Application for renewal. Each application shall submit relevant materials to the Trademark Office and pay the fee for renewal of registration. If the registrant applies for renewal within the grace period, he shall pay the renewal delay fee according to the regulations. The details are as follows:
(1) an application for trademark renewal registration;
(2) five copies of the trademark pattern of the registered trademark;
(3) One copy of the Trademark Registration Certificate (the original Trademark Registration Certificate is not required);
2. Examination of applications for renewal of registered trademarks. The contents of the review include the following points:
(1) Whether the procedures for applying for trademark renewal registration are complete;
(2) trademark name and figure;
(3) whether the goods using the trademark, the name and address of the registrant have changed, etc.
3. If the Trademark Office finds that it meets the requirements after examination, it shall approve it, notify the registrant in writing, issue a Certificate of Approval for Trademark Renewal Registration, and make an announcement. When the Trademark Registration Certificate is required, it shall be used together with the corresponding certificate;
4. If it is found that it does not meet the requirements, the Trademark Office will not allow its renewal and reject the application for trademark renewal registration in writing. If the applicant is not satisfied with the rejection of its application for trademark renewal registration by the Trademark Office, he may also apply for a review; If you are not satisfied with the review, you may bring an administrative lawsuit.
The specific penalties for trademark infringement are as follows:
1. Order to stop the infringement, and the specific measures are as follows:
(1) Order to stop selling immediately;
(2) Confiscating and destroying infringing goods;
(3) Confiscating and destroying tools specially used for manufacturing infringing goods and forging registered trademarks.
2. impose a fine. If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the administrative department for industry and commerce may, according to the circumstances, impose a fine of less than 5% of the illegal business amount or less than five times of the profits obtained from the infringement; The person directly responsible for the infringing unit may be fined up to 1, yuan according to the circumstances. If the party refuses to accept the above two treatments, the party concerned may bring a suit in a people's court in accordance with relevant laws and regulations within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the administrative department for industry and commerce shall apply to the people's court for compulsory execution;
3. mediate the amount of compensation for infringement of the exclusive right to use a trademark. The administrative department for industry and commerce may, at the request of the parties concerned, mediate the amount of compensation for infringement of the exclusive right to use a trademark. If mediation fails, the parties concerned may bring a lawsuit to the people's court according to law.
Legal basis:
Article 35 of the Trademark Law of the People's Republic of China
If an objection is raised to a trademark announced after preliminary examination and approval, the Trademark Office shall listen to the facts and reasons stated by the objector and the objector, and after investigation and verification, make a decision on whether to approve the registration within 12 months from the date of expiration of the announcement, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council.
if the trademark office decides to approve the registration, it shall issue a trademark registration certificate and make an announcement. If the objector refuses to accept it, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.
if the trademark office decides not to register, and the objector refuses to accept it, it may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a reexamination decision within 12 months from the date of receiving the application, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. If the objector refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 3 days from the date of receiving the notice. The people's court shall notify the dissenter to participate in the proceedings as a third party.
in the process of reexamination in accordance with the provisions of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the examination if the determination of the prior rights involved must be based on the results of another case being tried by the people's court or being handled by the administrative organ. After the reasons for suspension are eliminated, the review procedure shall be resumed.