How to charge the fees when entrusting a trademark transfer agent to help? The editor has compiled the trademark transfer agency fees to share with you. Welcome to read, for reference only!
How much does it usually cost to transfer a trademark (for reference only)
Trademark transfer fees generally include two parts:
1. Trademark transfer acceptance fee: The fee for applying to transfer a trademark is 1,000 yuan. , the acceptance fee is paid directly to the National Trademark Office, and the National Trademark Office charges an official fee of 1,000 yuan;
2. Trademark transfer agency fee: If you entrust an agency, you need to pay a certain agency fee.
How to handle trademark transfer
1. The trademark transfer process includes: application? acceptance? review? announcement? issuance of transfer certificate.
2. Documents required for trademark transfer:
A. "Application for transfer and registered trademark";
B. Transferor and transferee's Identity document (copy);
C. If you entrust an agent, submit the "Agency Letter" issued by the transferee, and if you apply directly in the acceptance hall, submit the original ID card of the transferee's handler and Copy;
D. If applying for transfer, relevant supporting documents should also be submitted;
E. If the application document is in a foreign language, a Chinese version signed and stamped by a translation agency should also be provided translation.
3. Trademark transfer time: It takes about 6-10 months.
What are the restrictions on the transfer of registered trademarks
1. Trademarks used for two similar goods may not be transferred separately. When the trademark registration specifies that the trademark can be used for two or more goods, if they are non-similar goods, the trademark for each goods can be transferred separately, but if they are similar goods, the trademark should be transferred entirely. Allowing such trademarks to be divided and transferred would violate the provisions of the Trademark Law, causing two trademark registrants to use the same trademark on similar goods at the same time, resulting in confusion of goods from different manufacturers.
2. The joint trademark cannot be divided and transferred. A joint trademark is a series of trademarks used by the same trademark owner based on business needs. It has similar characteristics. If one of the joint trademarks is allowed to be transferred separately, it will also happen that two trademark owners use similar trademarks on the same goods, causing confusion about the source of the goods.
3. Trademarks that are jointly owned by one owner shall not be transferred by one owner without the consent of other parties. Registered trademarks belong to two or more people. Sometimes, if each owner wants to transfer his or her share of the rights and interests, he or she must obtain the consent of the other owners.
4. Trademarks that have been licensed to others for use may not be transferred at will. If the trademark registrant has licensed others to use the trademark, if the exclusive right is transferred to a third party during the license period, the consent of the licensee must be obtained; and the transfer registration can only be processed after the original license contract is terminated.
5. If the legal procedures are not followed when transferring a registered trademark, the transfer will be invalid. The transfer of trademark rights is a formal legal act, and its establishment must be in the form required by law. If a party transfers a registered trademark on its own initiative, it shall be deemed invalid, and the Trademark Office may order the party to make corrections within a time limit or cancel its registered trademark.
What are the methods of trademark transfer?
Trademark transfer refers to the act in which the owner of a registered trademark transfers the exclusive rights of his trademark to others during the validity period of the registered trademark in accordance with legal procedures. . After transfer, the transferor loses the ownership of the trademark, and the transferee obtains the exclusive right to use the trademark and becomes the owner of the trademark.
According to the relevant provisions of my country’s Trademark Law, the transfer of registered trademarks generally takes the following forms:
1. Transfer by contract
The transferor stipulates through a contract Transferring the contents of a registered trademark, mutual rights, obligations and liability for breach of contract, etc. This form of transfer is generally paid, that is, the transferor charges a certain transfer fee by transferring the exclusive right to the registered trademark.
2. Succession and transfer
There are two situations for the inheritance and transfer of a registered trademark:
(1) The death of the registered owner (natural person) After the death of the deceased, the heirs will inherit all the registered trademarks owned by the deceased according to the inheritance procedure.
(2) Succession and transfer when the enterprise as the owner of the registered trademark is merged or merged.
3. Transfer due to administrative order
This form of transfer generally occurs in countries with public ownership. The administrative orders mentioned here are mainly those plans and administrations that cause the transfer of property. For example, if my country's state-owned enterprises are divided, merged, disbanded or transferred according to administrative orders, the subject of registered trademarks will inevitably change.
What should you pay attention to when signing a trademark transfer agreement?
Concerning the handling of trademark transfer, you need to pay attention to the following:
(1) The transfer of a registered trademark must be done by the transferor After signing the "Transfer Agreement" with the transferee, you still need to go to the State Trademark Office to apply for approval. Only after the State Trademark Office approves the transfer, the transferee can officially obtain the exclusive right to use the trademark;
( 2) Identical or similar trademarks registered on the same or similar goods should be transferred together, otherwise, the Trademark Office will regard the transfer application as abandoned;
(3) After the Trademark Office accepts the transfer application, Those that comply with legal requirements will be approved; those that do not comply with legal requirements will not be approved.
In practice, some companies sign a "Trademark Transfer Agreement" with others. After paying the transfer fee and using the trademark or obtaining the other party's "Trademark Registration Certificate", they do not go through the trademark transfer approval procedures. . Failure to obtain transfer approval procedures from the Trademark Office means that the ownership of the trademark is still in the name of the transferor. Legally, the transferor is still the exclusive owner of the trademark. The transferee has not obtained legally recognized ownership of the trademark. Therefore, we It is emphasized that after entering into the "Trademark Transfer Agreement", you must apply for trademark transfer and obtain the "Registered Trademark Transfer Certificate" issued by the Trademark Office. Otherwise, this will be a huge legal risk for the transferee.
The above is the trademark transfer agency fee provided by the editor. I hope you like it!
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