Trademark transfer is a voluntary act of individuals or enterprises. Under the effective protection of trademark law, the transfer and change of trademarks will reasonably maximize the value of public trademarks. On the other hand, trademark transfer can be notarized to ensure the authenticity and legality of trademark transfer and effectively avoid civil disputes. So must the trademark transfer be notarized? Under what circumstances can't notarization be carried out? Bajie intellectual property trademark answers for you.
the trademark law does not clearly stipulate the notarization of trademark transfer, nor is it a necessary application condition for trademark transfer. The Trademark Office will only issue a public announcement when it finds that the information of both parties to the transfer is flawed.
under what circumstances can a trademark transfer be notarized?
1. Both parties to the transfer have affiliated companies. If the trademark needs to be transferred due to trademark adjustment, you can choose not to notarize it. If it is reissued by the Trademark Office in the future, it can be notarized again
2. The assignor and the assignee trust each other and cannot be notarized
Under what circumstances must the trademark transfer be notarized?
1. The transferor's company is about to be transferred or cancelled, and it cannot be notarized in the later period;
2. Both parties are in a simple business relationship. In order to avoid the other party's non-cooperation in the later period of notarization and protect the rights of the assignee, Bajie Intellectual Property Trademark suggests giving priority to notarization in this case;
3. If you want to shorten the transfer application procedure, you can notarize it;
4. There are some minor problems such as annual review and official seal in the information transferred by the transferor.
what information do you need for trademark transfer notarization?
individual transferor:
original personal identity card
original trademark registration certificate
copy of trademark transferee's identity card or business license
enterprise transferor:
original business license
original trademark registration certificate
copy of trademark transferee's identity card or business license
Articles of association and shareholders' resolution
The materials required for notarization by national notary offices can be the same. The above materials generally need to be prepared, and the requirements of the local notary office should be known in advance before notarization.
although it may not be necessary to notarize the trademark transfer, notarization is a good proof when it involves the interests of both parties. If you encounter any problems in the process of trademark use, please consult Bajie Zhichan Trademark Network, which is committed to inserting the wings of intellectual property for all enterprises in China!