Many sellers want to promote their products, but it is often not easy to do so. Therefore, companies need trademarks as support for their products. With a trademark, it is easier for customers to remember the name of the business. Let us introduce how to transfer a catering trademark and how to transfer it?
1. Introducing the various ways to transfer catering trademarks
1. Inherited due to the death of a natural person
After the death of a natural person, the trademark rights will be handled unilaterally by the heir. Transfer procedures. In addition, a notarized and valid will must be provided to prove the death certificate of the natural person inheriting the trademark rights and the transferor's right to inherit the trademark rights. Since the transferor has died, the transferor and signature fields of the application can be left blank.
2. Cancellation of self-employed business
If the business license of a self-employed person is canceled, the individual operating the business shall deal with his trademark rights. If the business license is cancelled, the applicant shall provide proof of cancellation of the business license and a copy of the personal ID card.
3. Merging company
The absorbing party should handle the trademark transfer procedures of the absorbed party, that is, AB=A. In the merger mode, it will be handled by Company A; for new mergers, it will be handled by the new company. Assume that the enterprise handles the transfer procedures for all the merging company's objects, that is, AB=C is handled by Company C under the merger mode. The applicant shall provide the certificate of cancellation of the merged company issued by the industrial and commercial registration authority and other materials. A corporate incorporation or agreement should also be provided to show trademark ownership.
4. The company’s independent settlement
One of the powers exercised by the company’s liquidation team during the liquidation period is to liquidate the company’s assets and prepare a balance sheet and property list respectively. As an intangible asset of the enterprise, trademark rights are also disposed of by the liquidation team. The transfer application shall provide documents indicating that the liquidation group agrees to the transfer, and the liquidation group shall stamp the seal of the person applying for the transfer. In addition, documents confirming the legal establishment of the clearing group should also be provided.
5. Enterprise restructuring
If a state-owned enterprise is reorganized, the reform document of the state-owned asset management unit shall be issued. If a collectively owned enterprise is reorganized, a document issued by the superior competent department shall be provided to clarify the trademark ownership of rights. In addition, relevant registration certificate from the provider's registration authority is required.
6. Judicial enforcement of trademark transfer
As an enforcement unit, the Trademark Office has the responsibility for legal cooperation when the court forces the transfer of the trademark rights of the person subject to enforcement. The applicant should provide the court judgment and other valid judgment documents, rulings, civil mediation documents and other originals, and apply for transfer to the Trademark Office in conjunction with the court's notice of assistance in enforcement.
2. How to transfer the catering trademark?
1. If there are similar or similar trademarks on similar or similar goods, they need to be transferred together. This is the iron law of trademark transfer and will lead to failure of trademark registration.
2. In trademark transactions, please note that the transferred trademark is being licensed. If it is being licensed, you need to revoke the currently licensed status, or obtain the consent of the licensor to transfer the trademark before you can continue to transfer the trademark.
3. The assignee needs to ensure the product quality of the trademark, which is obvious to all. Of course, unused trademarks do not need to be considered.
4.*** If you have a trademark, you cannot decide on the trademark transfer alone. What is a trademark? If there are many people who own it, and if you want to transfer the trademark, all of them need to agree to the transfer, so that the trademark transfer can proceed successfully.
5. Trademark transfer must go through a formal process, sign a trademark transfer contract, and proceed in accordance with the trademark transfer process stipulated in the Trademark Law. Other methods are invalid.
Direct access to trademark supermarkets: catering trademark transfer