When a trademark assignor registers the same or similar trademark on the same or similar goods, it must handle the assignment together. To apply for the transfer of a registered trademark, the transferor and the transferee shall apply to the Trademark Office at the same time, and the transferee shall go through the application procedures for the transfer of a registered trademark.
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. Documents and information to be provided:
1. power of attorney for trademark agency: if a trademark agency is entrusted, a power of attorney with the seal of the transferee shall be provided. The transferee outside the mainland must entrust a trademark agency to apply for trademark transfer.
2. Application for assignment of a registered trademark: Where an agency is entrusted to apply for assignment of a trademark, it shall be put forward by the agency and sealed or signed by both the assignor and the assignee.
3. A copy of the transferee's business license or certification documents of institutions, associations and other organizations with legal personality. The transferee is from outside the mainland, so these documents are not needed.
4. Special certification materials:
1) When the transferor uses the registered trademarks of medicines, medical nutritious foods, medical nutritious drinks and baby foods for transfer, the transferee shall provide the certification documents of the health administrative department, namely the License for Pharmaceutical Manufacturing Enterprises or the License for Pharmaceutical Trading Enterprises. If the above two certificates are not obtained, the transferee shall provide the approval documents for the establishment of pharmaceutical manufacturing or trading enterprises issued by the health administrative department; Where the transferor uses the trademark of disinfectant, the transferee shall provide the certificate from the health and epidemic prevention department.
2) Where the trademark of cigarettes, cigars and packaged cut tobacco is transferred, the transferee shall provide the certification documents approved by the national tobacco authorities for production. Applicants outside the mainland do not need these documents.
3) If the enterprise fails to handle the transfer formalities in time due to merger, division or merger, and the seal is invalid, the transferor's seal may not be affixed, but a valid certificate from the transferor's competent department or a certificate from the local administrative department for industry and commerce must be provided.