The process of trademark transfer is simply: application → acceptance → review → announcement → issuance of transfer certificate. The time from the receipt of the transfer application documents to the issuance of the transfer acceptance notice by the State Trademark Office is 1-2 months; 4-6 months after receiving the notification of acceptance of the transfer, the State Trademark Office will review the trademark proposed for transfer; After the examination and approval, an approval announcement will be published and a Certificate of Approval for Transfer of a Registered Trademark will be issued.
materials to be provided for the transfer of an individual registered trademark:
1. A copy of the trademark registration certificate; 2. Two copies of the registrant's ID card; 3. Copy of the transferee's subject qualification (the transferee is an individual: provide a copy of the ID card and a self-employed license; The transferee is provided by the company: a copy of the business license valid for annual inspection with official seal); 4. The transferor shall provide notarial certificate of transfer statement; 5. Application for transfer and transfer agreement.
materials required for trademark transfer of an enterprise:
1. Application for Transfer/Registration of a Trademark; 2. Identification documents (photocopies) of the transferor and transferee; 3. Submit the Power of Attorney issued by the transferee for the entrusted agent, and submit the original and photocopy of the ID card of the transferee's agent directly in the acceptance hall; 4. If applying for transfer, relevant supporting documents shall also be submitted.
The following issues should be paid attention to when transferring a registered trademark:
1. The trademark transfer must be approved by the Trademark Office. It must be approved by the State Trademark Office to be protected by law, otherwise it will be regarded as invalid transfer. Article 42 of the Trademark Law stipulates that if a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark.
2. Where a registered trademark is transferred together, the trademark registrant shall transfer the similar trademark registered on the same commodity or the same or similar trademark registered on similar commodities. For example, if there are three similar trademarks, they must be transferred together, not just one or two of them.
3. If the transferor of a third-party licensed trademark is licensing others to use its registered trademark, it must obtain the consent of the licensee before transferring it to a third party. Simply put, if a trademark is licensed to others, it needs to be transferred at this time, and it needs to be approved by others.
4. The trademark transfer cannot be suspended. Both parties have submitted an application. If they want to cancel it, they can only make a second transfer, and the trademark can be transferred to the original transferor. This is the only way.
5. The trademark under application can also be transferred, but if the application fails, the transfer will be unsuccessful. Both parties to the trademark transfer must have business licenses, and natural persons must have individual licenses, otherwise they cannot apply. If an enterprise cancels or an individual dies and fails to go through the trademark transfer formalities within one year from the date of cancellation or death, it can no longer go through the trademark transfer formalities, and its trademark ownership naturally disappears.
The issues to be considered in trademark transfer in Shanghai are the above. Assuming that a liquor trademark needs to be transferred, the trademark transfer procedure can be completed after the above-mentioned process and the required materials are prepared.