process of buying and selling trademarks
1. When a trademark is transferred, the buyer determines the purchase intention of the trademark and agrees on the price. Provide a copy of the transferee's ID card and business license;
2. The buyer signs the trademark purchase entrustment agreement and pays the advance payment. The buyer signed a trademark purchase entrustment agreement with Sinosoft and paid part of the advance payment;
3. The seller shall provide the original trademark registration, scanned notarial certificate and other relevant signing documents;
4. after the above information of the seller is verified by the trademark, it will be presented to the buyer, and the documents will be signed at the same time, and the balance will be paid. Receive the buyer's relevant materials and scan them to the buyer. The buyer shall settle the balance after seeing the scanned copy. China Fine Soft will transfer the transfer fee to the seller at one time and send relevant materials and documents to the buyer. The buyer shall provide legal and effective trademark transfer materials and sign the documents required for trademark transfer;
5. The agency shall complete the transfer documents and submit the application. If you need to go through the relevant formalities of transfer, the seller of trademark transfer will send the above materials back to Zhongxinruan. Sinosoft filed an application for trademark transfer with the State Trademark Office. The Trademark Office issues a notice of acceptance of trademark transfer to both parties, and formally accepts the application for trademark transfer in writing (generally it takes about 2 months));
6. The Trademark Office approves the transfer, issues certificates and completes the transfer.
matters needing attention when buying and selling trademarks
1. Transfer of similar trademarks together
A trademark registrant shall transfer the similar trademarks registered on the same commodity or the same or similar trademarks registered on similar commodities together.
2. Notarial certificate is required
An application for trademark transfer generally requires the submission of the original notarial certificate of the trademark transferor's consent to transfer the trademark.
in the process of trademark transfer, if the original notarial certificate of trademark transfer is not submitted, the Trademark Office will give the applicant a chance to make corrections. If it fails to make corrections within the time limit or fails to make corrections as required, the transfer application will be rejected or regarded as abandoned.
3. Is the name and address of the trademark registrant consistent with the name and address on the business license
If the name and address on the business license of the transferor are inconsistent with the name and address on the registered certificate of the transferred trademark, the Trademark Office will reject the transfer application. According to the provisions of the Trademark Law, if the name and address of the owner of a registered trademark are changed, the change procedures must be handled. If it fails to make corrections within the due period or fails to make corrections as required, the transfer will not be approved or deemed to be abandoned.
4. Prevent the assignor from transferring the registered trademark repeatedly
The assignee must not only listen to the assignor's rhetoric and the trademark registration certificate provided, but also investigate whether the assignor is a trademark registrant and whether the assignor's name is consistent with the applicant's name recorded in the archives of the Trademark Office. Because the period for the Trademark Office to review trademark transfer applications has been extended to 6 to 12 months, it is sometimes difficult to obtain accurate information only from the Trademark Office's China Trademark Network.