Trademark transfer refers to the act that a trademark registrant transfers the exclusive right to use a trademark to others within the validity period of a registered trademark in accordance with legal procedures. Trademark transfer generally has the following forms: contract transfer, subsequent transfer, and transfer due to administrative orders.
First, the basic process of trademark transfer
1. The trademark transfer process includes: application → acceptance → review → announcement → issuance of transfer certificate.
2. Documents required for trademark transfer:
A. application for trademark transfer
B identification documents of the transferor and the transferee (photocopy);
Transferor: the company provides a copy of the company's business license, and the individual provides a copy of the ID card.
Transferee: the company provides a copy of the company's business license, and the individual provides a copy of the ID card+a copy of the self-employed license.
C. Entrust the agency to submit the power of attorney issued by the transferor and the transferee respectively, and the original and copy of the ID card of the transferee's agent shall be submitted directly in the acceptance hall;
If the application documents are in a foreign language, a Chinese translation signed and confirmed by the translation agency shall also be provided.
3. Time for trademark transfer: It takes about 4-6 months.
Two, the trademark transfer fee generally includes two parts:
1. Trademark transfer acceptance fee: the fee for applying for trademark transfer is 500 yuan, and the acceptance fee is directly paid to the Trademark Office, and the trademark transfer official fee is collected by the Trademark Office in 500 yuan;
2. Agency fee for trademark transfer: If an agent is entrusted, a certain agency fee shall be paid separately.
3. What are the conditions for trademark transfer?
1. The transferee must be qualified as an applicant for trademark registration; For example, if an individual wants to buy a trademark, he needs an individual business license, and if an enterprise wants to buy a trademark, he needs an enterprise business license;
2. The transferee of the registered trademark of drugs and tobacco products must issue the certificate of the corresponding competent department of commodity production; This is clearly stipulated in the trademark law;
3. The transferee must guarantee the quality of the goods using the registered trademark;
4. The transferor transfers the same or similar trademarks registered on the same or similar goods together; If a registered trademark is transferred according to Article 25 of the Regulations for the Implementation of the Trademark Law of People's Republic of China (PRC), the trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods together; If they are not transferred together, the Trademark Office shall notify them to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be deemed as giving up the application for transferring the registered trademark, and the Trademark Office shall notify the applicant in writing.
5. If the trademark owner has licensed the goods to others, he must obtain the consent of the licensee before handling the transfer, and deal with the aftermath in accordance with the provisions of the license contract, and shall not harm the interests of the licensee because of the transfer.
The above is the official fee for trademark transfer organized by intellectual property for everyone. What conditions are needed for trademark transfer? I hope I can help you. If you need to know more, you can also consult Bajie. Bajie focuses on trademark registration, trademark transfer, brand authorization, trademark cases, brand operation and other issues, and asks Bajie to provide intellectual property services.
Official fees for trademark transfer, conditions for trademark transfer