With the development of the economy, trademark transfer is a way to obtain trademark rights, and its importance is recognized by more and more market participants. Since trademark rights can be obtained quickly and quickly through trademark transfer, Due to factors such as simple procedures and stable rights, more and more companies tend to obtain trademark rights through trademark transfer. After the trademark is transferred, the exclusive right to use the trademark is transferred. Therefore, you must be careful when transferring a trademark.
So, what matters should a company pay attention to when transferring a trademark?
1. When transferring a registered trademark, the trademark registrant should pay attention to the same or similar trademark registered on the same or similar goods. Transfer together. Applications for transfer of registered trademarks should not be likely to cause misunderstanding, confusion or other adverse effects.
2. After the transfer application is submitted, for the transfer application that meets the acceptance conditions, the Trademark Office will issue an "Acceptance Notice" to the transferee; at the same time, it will send the transfer trademark to the registrant's address recorded in the Trademark Office. (Except registrants from foreign countries and my country’s Hong Kong, Macao and Taiwan regions) Send a copy of the “Notification of Acceptance”. If the application does not meet the conditions for acceptance, the application will not be accepted and a "Notice of Non-Acceptance" will be issued to the assignee.
3. If the transfer application requires supplements and corrections, the Trademark Office will issue a notice of supplements and corrections to the transferee (if it is handled directly, it will be sent to the transferee by mail according to the address filled in on the application form; through an agent) (sent to the agency organization), requiring the applicant to make corrections within a time limit. If the applicant fails to make corrections as required within the prescribed time limit, the Trademark Office has the right to regard the transfer application as abandoned or not to approve it.
4. After the transfer application is approved, if it is processed directly, the Trademark Office will send the transfer certificate to the transferee by mail according to the address filled in the application form. If it is handled through an agent, it will be sent to the agency organization. For registered trademarks, publish an announcement on the transfer of the trademark. The date of signature on the certificate is the date of announcement, and the assignee shall enjoy the exclusive right to use the trademark from that date.
5. If the transfer application is deemed to be abandoned or disapproved, the Trademark Office will issue a "Notice of Deemed Abandonment" or a "Notice of Disapproval".
6. If there are multiple transferees in the transfer application***, the relevant notice or certificate from the Trademark Office will only be issued to the representative. If anyone else needs proof, they should apply for a reissue.
7. If the applicant entrusts a trademark agency to handle the transfer application, the Trademark Office will send all documents to the trademark agency.
8. The category of the application should be filled in according to the international classification category approved by the "Trademark Registration Certificate".
In addition to the precautions, a company must prepare the following documents when transferring a trademark:
(1) "Application for Trademark Transfer/Registered Trademark" (requires signature or seal of both parties);
(2) Identity documents of the transferor and transferee (the enterprise must provide a scanned copy of the stamped business license);
(3) The transferor and transferee respectively Issue a power of attorney;
(4) A copy of the registered trademark certificate;
(5) Statement of agreement to transfer (enterprises need to be stamped by both parties and signed by the legal person, and individuals only need to sign);
(6) If the application documents are in a foreign language, a Chinese translation signed and confirmed by a translation agency should also be provided.
Methods for companies to transfer trademarks:
(1) Entrust a nationally recognized trademark agency to handle the matter;
(2) The applicant directly goes to the Trademark Office to transfer the trademark Go to the registration hall.
The transaction process such as trademark transfer and licensing seems to be very simple. However, there are still many problems inside. As an important part of intellectual property rights, trademark transactions have various forms. Different trademark transaction forms have their own different risk issues. Intellectual property rights focus on providing customers with services such as trademark transfer, trademark registration, trademark cases, and copyright registration. Knowledge For title services, look to Bajie! Precautions for trademark transfer Company trademark transfer Transfer registered trademark