What fees are charged for trademark transfer? Is trademark transfer expensive? The editor has compiled the fees for trademark transfer with everyone. Welcome to read, for reference only!

How much does it 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 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 will also need to pay a certain agency fee.

What are the procedures for trademark transfer?

1. The trademark transfer process includes: application, acceptance, review, announcement, and issuance of transfer certificate.

2. Documents required for trademark transfer:

(1) "Application for Transfer and Registration of Trademark";

(2) Transferor 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.

What pitfalls should we pay attention to when transferring trademarks?

From the current trademark practice, my country’s Trademark Law and Implementing Regulations only give the Trademark Office the power to approve trademark transfer applications, and do not provide for them at the same time. Responsibility for improper approval behavior. Due to the lack of proper supervision of administrative power, administrative agencies often have power but no responsibility. The Trademark Office's power to approve trademark transfer applications is almost unrestricted, providing opportunities for criminals to take advantage of it.

Some criminals take advantage of legal loopholes to forge the seal of the trademark owner, counterfeit the signature of the trademark owner, transfer the registered trademark of others to themselves or a third party designated by them, and file a request with the Trademark Office Apply for relevant procedures and deceive others into appearing "legitimate". After criminals obtain someone else's registered trademark through illegal means, they often transfer or license the trademark to others to earn economic benefits, while the original trademark owner is kept in the dark and suffers huge losses; or they may demand compensation from the original trademark owner. A high reward in exchange for the trademark, and the threat of prosecution for trademark infringement if rejected. If the original trademark owner files a lawsuit to confirm the invalidity of the trademark transfer using them as the defendant, they will run away and not show up in court at all, and the court will not be able to serve them litigation materials, which will bring many difficulties to the court in hearing such cases.

At the same time, some rights holders feel that litigation is too troublesome. Not only is it time-consuming and labor-intensive, but they also have to pay legal fees, investigation and evidence collection fees and other litigation expenses. They have to accept the demands of the lawbreakers and pay them a sum of money. After receiving the money, he transferred the trademark that originally belonged to him to himself. Some criminals have taken advantage of this weakness of the trademark owner, and the amount they demand is generally roughly equivalent to the amount paid by the trademark owner for the lawsuit, trying to induce the trademark owner to settle the case peacefully by paying transfer fees. For those trademarks with important value or high reputation, they are very aggressive and demand high transfer fees.

What should you pay attention to when signing a trademark transfer contract?

Things to note when signing a trademark transfer contract

1. The transferee of the trademark transfer contract and the defendant of the trademark use contract There are certain restrictions on the entity of the licensor.

The transferees of the trademark rights transfer contract and the licensees of the trademark use license are limited to enterprises, public institutions, social groups, individual industrial and commercial households, partnerships, and foreigners or foreign enterprises.

2. The trademark rights transfer contract and the trademark use license are both essential contracts.

The transferor and transferee of a registered trademark must submit an application to the Trademark Office at the same time, and attach a copy of the "Trademark Registration Certificate", a copy of the registered trademark transfer contract and its related documents , after the transfer of the registered trademark is approved, the original "Trademark Registration Certificate" and the certification document approved by the Trademark Office for the transfer will be issued to the transferee and announced in the "Trademark Announcement". If a trademark is licensed for use, the licensor and the licensee shall, within 3 months from the date of signing the license contract, submit a copy of the license contract to the county-level industrial and commercial administration authority where they are located for review, and the licensor shall submit it to the Trademark Office for record, and It shall be announced by the Trademark Office.

3. Trademark transfer is subject to the condition that the public will not misunderstand, confuse or have other adverse effects.

The transfer of trademark rights is the transfer of the trademark away from the enterprise. In some cases, it may cause misunderstanding by the public, because in the public's impression, the trademark is associated with a specific enterprise that provides certain goods or services. If they are combined together, the Trademark Office will not approve and reject the application for transfer of a registered trademark that may cause misunderstanding, confusion or other adverse effects.

4. Similar trademark rights are transferred together.

When a trademark owner transfers its registered trademark, it shall transfer it to the same transferee together with its other identical or similar trademarks registered for the same or similar goods or services. This is to prevent confusion and consumer misunderstanding when different producers or service providers use the same trademark on the same type of goods or services.

5. The contract should have mandatory statutory provisions.

Trademark rights transfer contracts and trademark license contracts should generally include the following main contents: the names, addresses, signing dates and locations of both parties, etc.; trademark name, pattern, country, registration number, registered trademark verification The category and name of the goods or services used; the status of existing registered trademark use licenses; prices and payment methods; the transferee or licensee’s agreement to guarantee the quality of the goods; the conditions and procedures for contract suspension and cancellation; liability for breach of contract; law APPLICABILITY AND DISPUTE RESOLUTION. The trademark license contract should also specify the scope of authorized use, the territory and time for which the trademark is permitted to be used, as well as trademark renewal procedures and other procedures to ensure the effectiveness of trademark registration.

Legal issues that should be paid attention to when performing the contract

1. After the contract takes effect, the transferor of the trademark rights transfer contract shall no longer be in contact with the transferee of the trademark in the area where the trademark registration is valid. If the transferred trademark is used on approved goods or services or on similar goods and services, otherwise it will infringe the transferee's trademark rights. If the transferor wants to continue to use it, it must sign a trademark license contract with the transferee and obtain the transferee's authorization.

2. The date when the transfer of a registered trademark is published in the trademark announcement is the starting date for the transferee to enjoy the exclusive right to use the trademark. The registered trademark after the transfer is valid from that date to the expiration date of the registered trademark. .

3. In the trademark use license, the licensor shall supervise the quality of the goods used by the licensee to use its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark. The licensee shall use the goods of others with permission. If a trademark is registered, the name of the licensee and the origin of the goods must be indicated on the goods using the registered trademark. If the licensee violates statutory or agreed quality assurance obligations, the licensor has the right to suspend or terminate the trademark license contract.

4. The licensee shall not allow any other third party to use the registered trademark unless expressly authorized by the trademark owner.

5. The licensor shall ensure the validity of the registered trademark during the validity period of the trademark license contract. If the validity period of the registered trademark expires, the licensor shall go through the renewal procedures in a timely manner. The licensor should also comply with the provisions of the Trademark Law when using the registered trademark himself to avoid the registered trademark being revoked by the Trademark Office due to improper use.

The above is the trademark transfer fee provided by the editor. I hope you will like it!

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