What steps are needed to transfer a trademark? Does it take a long time to transfer a trademark? Xiaobian shares the sorted trademark transfer steps with everyone, welcome to read, for reference only!

how long does it take to handle the trademark transfer

Judging from the current review time of trademark transfer, if a notarized Trademark Transfer Application or Trademark Transfer Agreement is submitted at the same time, the Trademark Office will approve the trademark transfer in about 6 months and issue a Certificate of Approved Trademark Transfer. If the above notarized materials are not submitted at the time of submission, some can be issued for correction, and the time for approving the transfer is extended accordingly, about 8-12 months.

after receiving the application for withdrawal of trademark transfer, if the Trademark Office considers that the application can be withdrawn after examination and approval, it shall notify the applicant in writing to confirm the withdrawal intention; if the withdrawal is confirmed by the assignor and assignee, the Trademark Office shall not approve the application for transfer. If the transferor or transferee of a trademark fails to confirm the intention to withdraw, the Trademark Office will continue to examine the application for transfer according to normal working procedures.

steps for trademark transfer

Step 1, prepare application documents

The application documents to be submitted are:

(1) Application for Transfer/Registration of Trademark

(2) Identification documents (photocopies) of the transferor and transferee

(3) Power of Attorney issued by the transferee. Relevant supporting documents should also be submitted

(5) If the application document is in a foreign language, a Chinese translation confirmed by the signature of the translation agency should also be provided

(6) A notarial statement from the trademark seller of the notary office should be provided

Second, the application should be submitted step by step

1. If the applicant goes directly to the trademark registration hall to handle it, the application should be submitted at the acceptance window of the trademark registration hall after it is ready, and the staff at the window will confirm the application.

2. If a trademark agency is entrusted to handle the matter, the trademark agency shall serve the application to the Trademark Office.

Step 3: Pay the transfer fee

A transfer application needs to pay the transfer fee, 1 yuan.

if it is entrusted to a trademark agency, the applicant shall pay the transfer fee and agency fee to the trademark agency, and the transfer fee charged by the trademark office shall be deducted from the advance payment of the trademark agency.

What issues should be considered in trademark transfer

However, civil litigation cannot completely solve the trademark transfer dispute.

according to the provisions of article 39 of China's trademark law, the transferor and the transferee shall apply to the trademark office after signing the transfer agreement, and the transferee shall enjoy the exclusive right to use the trademark only after being approved and announced by the trademark office.

Article 25 of the Regulations for the Implementation of the Trademark Law stipulates that if the Trademark Office approves an application for the transfer of a registered trademark, it shall issue a corresponding certificate to the transferee and make an announcement; The Trademark Office shall not approve an application for assignment of a registered trademark that may cause misidentification, confusion or other adverse effects, and shall notify the applicant in writing and explain the reasons.

It can be seen that it is the duty of China's Trademark Office to approve the trademark transfer application. No matter what causes the subject change of a registered trademark, no matter whether it has a trademark transfer agreement or not, it must be approved by the Trademark Office. For those who meet the conditions for transfer, the Trademark Office shall approve the application for trademark transfer and announce the transfer; For those who do not meet the transfer conditions, the Trademark Office shall not approve the transfer application, and there is no need to announce the transfer.

Matters needing attention in handling trademark transfer procedures

Regarding the handling of trademark transfer, it should be noted that:

(1) After the transferor and the transferee sign the Transfer Agreement, they must apply to the State Trademark Office for approval, and only after the transfer is approved by the State Trademark Office can the transferee formally obtain the exclusive right to use the trademark;

(2) identical or similar trademarks registered on the same or similar goods shall be transferred together, otherwise, the Trademark Office will be deemed to have abandoned the application for transfer;

(3) after accepting the application for assignment, the Trademark Office will approve it if it meets the legal requirements, and will not approve it if it does not meet the legal requirements.

In practice, some enterprises sign the Trademark Transfer Agreement with others, and after paying the transfer money and using the trademark or obtaining the Trademark Registration Certificate of the other party, they will not go through the trademark transfer approval procedures. Failure to obtain the transfer approval procedures from the Trademark Office means that the trademark ownership is still in the name of the transferor, and the transferor is still the exclusive owner of the trademark in law, and the transferee has not obtained the trademark ownership recognized by law. Therefore, after concluding the Trademark Transfer Agreement, you must apply for trademark transfer and obtain the Certificate of Transfer of Registered Trademark issued by the Trademark Office. Otherwise, it will be a huge legal risk for the assignee.

the above is the trademark transfer steps provided by xiaobian. I hope you will like them!

have you seen it? Trademark transfer steps? Some people also read:

1. What is the process of trademark transfer

2. The process of trademark transfer

3. The procedure of registered trademark transfer

4. How to transfer a trademark

5. Can an individual registered trademark be transferred to a company

6. International trademark registration procedures

7. What should I do if the trademark is infringed

Trademark transfer, a platform dedicated to trademark transfer and registration for 14 years, is far ahead in the whole country, with trademark registration, trademark transfer process, trading of trademarks, Beijing, Shanghai, Guangzhou, Shenzhen, Tianjin, Zhengzhou, Hangzhou, Nanjing, Jinan, Chongqing, Qingdao, Dalian, Ningbo, Xiamen, Chengdu, Wuhan, Harbin, Shenyang, Xi 'an, Changchun, Changsha.