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How to transfer personal trademark to company

Legal subjectivity:

1. How to transfer a company trademark to a natural person

According to the relevant laws of our country, after the company changes, if it involves changing the trademark registrant If the name, address or other registration information is changed, the company can apply for change registration. If the trademark ownership is to be transferred, the trademark can be transferred to a new company.

"Regulations on the Implementation of the Trademark Law of the People's Republic of China"

Article 30 If the name, address or other registration matters of the trademark registrant are changed, the change shall be submitted to the Trademark Office application. If the name of the trademark registrant is changed, a change certification document issued by the relevant registration authority must also be submitted. If the Trademark Office approves the application, it shall issue corresponding certificates to the trademark registrant and make an announcement; if it disapproves the application, it shall notify the applicant in writing and explain the reasons.

If the name or address of the trademark registrant is changed, the trademark registrant shall change all registered trademarks together; if the changes are not made together, the Trademark Office shall notify the trademark registrant to make corrections within a time limit; if the trademark registrant fails to make corrections within the time limit, it shall be deemed as To abandon the change application, the Trademark Office shall notify the applicant in writing.

Article 31 When transferring a registered trademark, the transferor and the transferee shall submit an application for transfer of a registered trademark to the Trademark Office. The application procedures for transferring a registered trademark shall be handled by the transferor and the transferee at the same time. If the Trademark Office approves the application for transfer of a registered trademark, it will issue a corresponding certificate to the transferee and make an announcement.

When a registered trademark is transferred, if the trademark registrant fails to transfer the same or similar trademark registered on the same or similar goods, the Trademark Office shall notify the trademark registrant to make corrections within a time limit; if the trademark registrant fails to make corrections within the time limit, If the application for transfer of the registered trademark is deemed to have been abandoned, the Trademark Office shall notify the applicant in writing.

2. Can a trademark be transferred to a natural person?

Yes, if the transferee of the trademark transfer is an individual, he or she needs a personal ID card and an individual industrial and commercial license.

Article 42 of the Trademark Law of the People's Republic of China

1. When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and* **Same application to the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark.

2. When a registered trademark is transferred, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods.

3. The Trademark Office will not approve transfers that are likely to cause confusion or have other adverse effects, and will notify the applicant in writing and explain the reasons.

4. After the transfer of registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.

3. Can trademarks be transferred?

Trademarks can be transferred. As the name suggests, trademark transfer means that the trademark owner can transfer his registered trademark to others within the scope permitted by law. Now, there are many trademark trading websites in China, which can well meet the needs of entrepreneurs in this regard.

There is also a situation where the trademark owner does not want to change the ownership of the trademark, but it does not use the trademark itself (or does not use it in certain categories), so it can license the trademark to others. Entrepreneurs can not only obtain trademarks quickly through licensing, but also quickly open up the market with the help of the trademark's original brand influence. Therefore, trademark licensing is a good way for entrepreneurs to obtain trademarks. We know that trademarks can be transferred, but the transfer and registration of trademarks must be carried out in a reasonable manner in accordance with the relevant laws of our country. The transfer of trademarks must not be carried out within the scope permitted by law, otherwise it will not have legal effect. Legal objectivity:

"Company Law of the People's Republic of China"

Article 172

Company mergers can take the form of mergers by absorption or new mergers. Assume merge.

When a company absorbs other companies, it is called a merger by absorption, and the absorbed company is dissolved. The merger of two or more companies to establish a new company is a new merger, and the merging parties are dissolved.

"Company Law of the People's Republic of China"

Article 173

In the event of a company merger, the merging parties shall sign a merger agreement , and prepare a balance sheet and property list. The company shall notify its creditors within ten days from the date of making the merger resolution and make an announcement in a newspaper within thirty days. Creditors may require the company to pay off debts or provide corresponding guarantees within thirty days from the date of receipt of the notice, or within forty-five days from the date of announcement if no notice is received.

"Company Law of the People's Republic of China"

Article 174

When a company merges, the claims and debts of all parties shall be merged , shall be inherited by the company that survives the merger or the newly established company.