Trademark transfer is an act in which a trademark registrant transfers the exclusive right to use a trademark to another party in accordance with legal procedures during the validity period of the registered trademark. Trademark transfer generally takes the following forms: contractual transfer, inheritance transfer, and transfer due to administrative orders. The application documents that should be submitted are: (1) "Transfer Application/Registered Trademark Application" (2) Transferor and Transferee The identity document (copy) of the transferee (3) If you are entrusting an agent, submit the "Authorization Letter" issued by the transferee. If you apply directly in the acceptance hall, submit the original and copy of the ID card of the transferee's handler (4) ) If applying for transfer, relevant supporting documents should also be submitted (5) If the application documents are in a foreign language, a Chinese translation signed and confirmed by a translation agency should also be provided (6) A notary certificate of trademark seller's declaration from the notary office 1. According to the application form Fill in the requirements one by one and must be typed or printed; 2. For the transfer of each trademark (each registration number), an application form must be submitted, stamped with the seal or signature of the transferor and transferee, and the transferee shall 3. If the applicant goes directly to the trademark registration hall, in addition to submitting the application, he must also submit copies of the business licenses of both the transferor and the transferee with the official seal of the unit and the original ID card of the person in charge. and a copy (it is not necessary to provide a copy of the transferor's identity document when applying for transfer); the transferee is a natural person and is applying for it in person. Show his or her ID card and submit the personal identification documents of the transferor and the transferee. A copy of your ID will suffice. If you entrust a trademark agency to handle the matter, you also need to submit a trademark agency power of attorney. 4. When applying for trademark transfer, if the transferee is a natural person, you should pay attention to the following matters: (1) An individual industrial and commercial household can apply for trademark transfer in the name of the transferee with the name registered in its "Individual Industrial and Commercial Household Business License", or in the name of the transferee. File a trademark transfer application in the name of the person in charge registered on the license. When applying in the name of the person in charge, copies of the following materials should be submitted: ① ID card of the person in charge; ② Business license. (2) An individual partnership may file a trademark transfer application in the name of the transferee with the trade name registered in its "Business License" or the trade name registered with the relevant competent authority's registration document, or it may jointly file a trademark transfer application in the name of all partners. . When applying jointly in the name of all partners, copies of the following materials should be submitted: ① ID card of the partner; ② Business license; ③ Partnership agreement. (3) Rural contract operators can apply for trademark transfer in the name of the person who signed the contract. When applying, they should submit copies of the following materials: ① ID card of the person signing the contract; ② Contract contract. (4) Other natural persons who are legally permitted to engage in business activities may apply for trademark registration in the name of the operator listed in the registration document issued by the relevant administrative authority. Copies of the following materials should be submitted when applying: [4] ① Business The person's ID card; ②Registration documents issued by the relevant administrative authorities. (5) When applying for trademark transfer, if the transferee is a natural person, the scope of goods and services applied for trademark transfer shall be limited to the business scope approved by the transferee in the business license or relevant registration documents, or its self-operated agricultural and sideline products is limited. [5] 5. When handling a trademark transfer, if the transferor cannot affix a seal, the transferee should submit documents or legal documents proving his right to accept the trademark. For example, if an enterprise's trademark is transferred due to merger, merger or restructuring, the merger, merger or restructuring document and the certificate issued by the registration department should be submitted. The merger, merger or restructuring document should prove that the trademark rights are inherited by the transferee, and the registration department should Prove the relationship between the original registrant and the transferee, and the actual status that the original registrant no longer exists; if the trademark transfer occurs due to a court judgment, a legal document issued by the court should be submitted, the name of the person subject to execution on the legal document and the acceptance of the trademark. The business name of the trademark should match the name of the assignor and assignee in the application. 6. If the trademark applied for transfer is an owned trademark, the following documents should also be submitted: A. If the trademark is transferred from one person to more than one person, when filling out the transfer application, the name of the transferee and The name and address of the representative should be filled in the address column, and the seal of the representative should be stamped on the stamp of the transferee. The names of other owners should be filled in the list of names of other owners after the transfer on the attached page, and add Stamp it, no other addresses are required.
[5] B. If a trademark is transferred from multiple persons to one person, when filling in the transfer application, the name and address of the transferor should be filled in the name and address of the original representative, and the stamp of the transferor should be added Stamp the original representative's seal; fill in the name and address of the transferee in the corresponding columns, and affix the seal. The name of the original other owner should be filled in the name list of other owners before the transfer on the attached page and stamped. The address of the original other owner does not need to be filled in. [5] C. If you apply for transfer due to changes in the owner of a trademark (including the increase or decrease of the owner), when filling in the application form, the name and address of the original representative should be filled in In the column of the name and address of the transferor in the application, the stamp of the transferor shall be stamped with the seal of the original representative, and the names of the original other persons shall be filled in the list of names of other persons before the transfer on the attached page, and Stamped with a seal; the name and address of the transferee in the application form should be filled in with the name and address of the representative after the transfer, the stamp of the transferee should be stamped with the seal of the representative after the transfer, and the names of other *** persons after the transfer should be Fill in the list of names of other *** persons after the transfer on the attached page and stamp it. There is no need to fill in the addresses of other *** persons in the list on the attached page. Trademark transfer is necessary under the following circumstances: 1. If you want to transfer a registered trademark to another person, you should go to the Trademark Office to go through the transfer procedures of the registered trademark. 2. If the exclusive right to use a trademark is transferred due to a business merger, merger or restructuring, the registered trademark transfer procedures should be handled at the Trademark Office. 3. If the exclusive right to use a trademark is transferred in accordance with a court decision, the transfer procedures must also be completed. 4. When transferring a trademark, you must also transfer the similar trademark on hand. To handle the transfer or transfer of a trademark, the "Transfer Application/Registered Trademark Application Form" must be filled out. Since September 15, 2002, trademarks that have been applied for but have not yet been approved for registration can also apply for assignment or transfer. Basic process: 1. The trademark transfer process includes: application → acceptance → review → announcement → issuance of transfer certificate. 2. Documents required for trademark transfer: A. "Transfer Application/Registered Trademark Application"; B. Identity documents (copies) of the transferor and transferee; C. Submission of the entrusted agent to the transferor and transferee The "Letter of Agency" issued separately, and the original and copy of the ID card of the person in charge of the transferee should be submitted directly in the acceptance hall; D. If applying for transfer, relevant supporting documents should also be submitted; E. The application documents are in foreign languages If required, a Chinese translation signed and confirmed by the translation agency should also be provided. 3. Trademark transfer time: It takes about 6-10 months.