When people buy goods, they often use trademarks to determine the quality of the goods and whether they are genuine. So, according to our country's law, what materials are required for trademark transfer procedures? The following content is related to the collection and compilation of intellectual property rights. I hope the following content can find answers to your questions.
1. Materials required for trademark transfer procedures
Trademark transfer must use An application form in a unified format formulated and published by the State Administration for Industry and Commerce. The application form can be obtained from the Registration Hall of the Trademark Office. It can also be downloaded from the professional intellectual property website. If a trademark agency is entrusted to handle the matter, it will be provided by the agency. To apply for trademark transfer, the following documents must be submitted to the Trademark Office:
1. "Trademark Transfer Power of Attorney" stamped with the official seal of the transferee;
2. "Trademark Transfer Application" 》One copy, the application form should be stamped with the seals of the applicant and the transferee;
3. If applying for transfer, relevant supporting documents should also be submitted;
4. The transferee Provide a copy of the "Business License";
5. If the application document is in a foreign language, a Chinese translation signed and stamped by the applicant or the agency organization should also be provided;
6. Pay trademark transfer application fees and other fees as required.
2. The process of trademark transfer
Trademark transfer is an act by which the trademark registrant transfers the exclusive right of the 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. There are two ways to apply for the transfer of a registered trademark: entrust a nationally recognized trademark agency to handle the matter; the applicant can directly go to the trademark registration hall of the Trademark Office to handle the matter.
1. The trademark transfer process includes: application → acceptance → review → announcement → issuance of transfer certificate.
2. Documents required for trademark transfer:
(1) "Application for Transfer and Registration of Trademark";
(2) Assignor and transferee The identity document (copy) of the person;
(3) If the agent is entrusted, submit the "Agency Letter" issued by the transferee; if it is handled directly in the acceptance hall, submit the identity of the person in charge of the transferee The original and copy of the certificate;
(4) If applying for transfer, relevant supporting documents should also be submitted;
(5) If the application documents are in a foreign language, they should also be provided by a translation agency Chinese translation confirmed by signature.
3. Trademark transfer time: It takes about 6-10 months.
3. What issues should be paid attention to when transferring a registered trademark?
1. The transferee must meet the legal conditions. That is, the transferee in our country must be a citizen, legal person or other organization; as the transferee, a foreigner or a foreign enterprise whose country has an agreement with our country or an international treaty with both parties participating, or it shall be handled in accordance with the principle of reciprocity Trademark registration.
2. In order to maintain the identification function of the trademark and prevent misunderstanding, confusion or other adverse effects, when a registered trademark is transferred, the trademark registrant shall use it on the same goods or services or on similar goods or services. Identical or similar trademarks registered on the service must be processed together.
3. In order to prevent registered trademark transfer disputes, the transferor and the transferee must sign a registered trademark transfer agreement. The content of the registered trademark transfer agreement shall be agreed upon by both parties.
4. In order to protect the legitimate rights and interests of users and consumers and maintain the order of the market economy, the transferee shall ensure the quality of the goods or services using the registered trademark.
What materials are needed for trademark transfer procedures? We have answered this question for you here.