Trademark is an intangible asset that becomes less valuable the more it is registered. In recent years, with more and more registered trademarks, it has become more and more difficult to apply for registration of your favorite trademarks. Trademark resources are increasingly scarce, and trademark registration takes a long time, and there is a certain risk of being rejected. Therefore, many people who urgently need a trademark will choose to purchase a trademark. Therefore, trademark transfer has become an important way to obtain trademark rights.
However, the trademark trading market is mixed, and many people finally choose a trademark they like, only to find that the trademark is about to expire and faces renewal. So, what should you do if your trademark is about to expire but you are eager to transfer it?
According to the "Trademark Law", the validity period of a registered trademark is 10 years, calculated from the date of approval of registration. If the ten-year validity period expires, you should apply for renewal registration within 12 months before the expiration; if you do not apply during this period, the extension period can be extended by 6 months. Those that were still not renewed were canceled.
Trademark renewal requires the submission of the following materials:
(1) "Application for Trademark Renewal Registration";
(2) The applicant has signed a stamp or A copy of the subject qualification document signed and confirmed;
(3) If you entrust an agent to submit the "Agency Letter", if you apply directly at the trademark registration hall, submit the ID card and copy of the person in charge (the original has been Return after comparison);
4) A copy of the registration certificate;
(5) If the application document is in a foreign language, a Chinese version signed and stamped by a translation agency or agency should also be provided translation.
Under normal circumstances, trademark renewal is not difficult, but if the trademark is about to expire and needs to be renewed during the trademark transfer process, the trademark can be renewed and transferred at the same time. Generally speaking, the application period for trademark renewal is 1 to 2 months, and the trademark transfer procedure is about 6 months, so the two will not conflict at the same time.
In addition, trademark transfer requires strict review. If the review finds that the trademark is only one year or less old, the Trademark Office will not approve the trademark transfer, but the trademark transfer and trademark renewal can be carried out at the same time.
Finally, I would like to remind all friends who want to purchase or transfer trademarks not to do it blindly when purchasing or transferring trademarks. It is best to entrust a professional agency to review the main qualifications of the trademark transferor and clearly stipulate the transfer of the trademark in the contract. rights, defects, and risks, effectively preventing legal risks after trademark transfer.