What are the procedures required to transfer a trademark? And how much is the trademark transfer fee? The editor has compiled the trademark transfer process and fees to share with you. Welcome to read, for reference only! How much does it generally cost to transfer a trademark?
Trademark transfer fees generally include two parts:
1. Trademark transfer acceptance fee: The fee for applying to transfer a trademark is 1,000 yuan, and the acceptance fee is paid directly To enter the National Trademark Office, the National Trademark Office charges an official fee of 1,000 yuan;
2. Trademark transfer agency fee: If you entrust an agency, you will also need to pay a certain agency fee. What process is required for trademark transfer
Generally speaking, trademark transfer requires the following processes and the provision of relevant materials:
1. The trademark transfer process includes: application, acceptance, review, announcement, and issuance Proof of transfer.
2. Documents required for trademark transfer:
(1) "Application for Transfer and Registration of Trademark";
(2) Assignor and transferee The person's identity document (copy) (the company is the business license, which needs to be stamped with the official seal);
(3) If you entrust an agent, submit the "Agency Letter" issued by the transferee directly in the acceptance hall The original and copy of the identity card of the person in charge of the transferee shall be submitted for processing;
(4) If applying for transfer, relevant supporting documents shall also be submitted;
(5) Application If the document is in a foreign language, a Chinese translation signed and confirmed by the translation agency should also be provided.
Applicants can entrust an organization with trademark agency qualifications recognized by the State Administration for Industry and Commerce to act as an agent, or they can go to the Trademark Registration Hall of the State Trademark Office to apply directly. What are the ways to transfer a trademark?
Applicants can entrust an organization with trademark agency qualifications recognized by the State Administration for Industry and Commerce to act as an agent, or they can go to the Trademark Registration Hall of the State Trademark Office to handle it directly. Currently, there are nearly 800 nationally recognized trademark agency organizations, distributed in all provinces, autonomous regions, and municipalities across the country.
Applicants should decide whether to entrust an organization with trademark agency qualifications to handle the transfer of a registered trademark or go directly to the Trademark Office to handle it based on their own specific circumstances. If the applicant is familiar with trademark laws, regulations and related procedures, and the postal service of his usual residence or business place is in good condition, he can go directly to the Trademark Office. If he does not meet the above conditions, it is best to entrust a trademark agency to act as an agent; he has no habitual residence in China or Foreigners or foreign enterprises with business premises applying for transfer registration in China should entrust a trademark agency to handle it on their behalf. In the process of reviewing trademark transfers, the Trademark Office often issues various documents to the applicant, such as notices of correction, notices of rejection, etc. Most of these documents require the applicant to make certain modifications to the original application content and respond. These documents are generally mailed through the post office. In view of the fact that the postal channels in some areas of our country are not very smooth, and some applicants' addresses have changed, applicants often fail to receive documents issued by the Trademark Office, which affects the transfer registration process.
Trademark agents in trademark agency organizations are familiar with trademark laws and regulations, and are proficient in trademark business. They can more accurately understand the intentions of the client and the Trademark Office, and assist the parties to modify the requests issued by the Trademark Office. Accurate revisions are made to the document so that the review of the transfer registration application proceeds smoothly. How long does it take to process a trademark transfer
1. The Trademark Office will issue a "Certificate of Approval of Transfer of Registered Trademark" within fifteen days after receiving the transfer application.
2. The "Certificate of Approval of Transfer of Registered Trademark" can be received six to eight months from the date of establishment of the application. This certificate must be used together with the original "Trademark Registration Certificate".
This certificate must be used together with the original "Trademark Registration Certificate".
3. The date marked on the "Certificate of Approval of Transfer of Registered Trademark" is the effective date of transfer registration. You can use it after receiving the "Certificate of Approval of Transfer of Registered Trademark".
So, in general, the trademark transfer time: about 6-10 months. What are the problems with trademark transfer?
However, civil litigation cannot completely resolve trademark transfer disputes.
According to the provisions of Article 39 of my country's Trademark Law, the transfer of a registered trademark must be made by the transferor and the transferee after signing a transfer agreement and simultaneously applying to the Trademark Office. After approval and announcement by the Trademark Office, , the transferee shall enjoy the exclusive right to use the trademark.
Article 25 of the Trademark Law Implementation Regulations stipulates that if the Trademark Office approves an application for transfer of a registered trademark, it shall issue a corresponding certificate to the transferee and make an announcement; for cases that may cause misunderstanding, confusion or other adverse effects If the Trademark Office does not approve the application for transfer of a registered trademark, it will notify the applicant in writing and explain the reasons.
It can be seen that it is the responsibility of my country’s Trademark Office to approve trademark transfer applications. Regardless of the reason for the change of the registered trademark, and whether there is a trademark transfer agreement, it must be approved by the Trademark Office. For those who meet the transfer conditions, the Trademark Office should approve the trademark transfer application and announce the transfer; for those who do not meet the transfer conditions, the Trademark Office will not approve the transfer application and does not need to announce the transfer. What are the risks in trademark transfer?
1. Trademarks that have been sealed and frozen by the court are privately licensed for use, such as ?爱多?, ?IDALL? and other trademarks;
2. Before the company goes bankrupt and is liquidated, the original company employee violates the Bankruptcy Law and privately transfers the trademark to a third party;
3. Violates the agreement between the two parties and privately transfers the trademark to a third party. Some companies are? As a result, the shareholder secretly transferred the trademark to a separate company;
4. After the two parties signed the "Trademark Use License Contract" and filed it with the Trademark Office, the licensee privately transferred the trademark to Under his own name;
5. The distribution agent privately transfers the agent's trademark to his own company name;
6. The registered agent company privately transfers the agent's trademark Trademarks are preemptively registered abroad and transferred to foreign companies, prohibiting the domestic agent's products from being sold abroad, and triggering foreign-related litigation;
7. Privately transfer others' trademarks registered abroad to themselves Under the name of a domestic company, the products of the original domestic trademark owner are prohibited from being sold to that country;
8. Some illegal trademark firms pretend to sign without the consent of the holder, complete the transfer procedures, and swallow money.
The above is the trademark transfer process and fees provided by the editor. I hope you will like it! Transfer process, trademark transfer