Trademark rights can be transferred, which is also regarded as a civil legal act in civil law. For the transfer of trademark rights, the transferor needs to prepare relevant supporting materials. So, how to reissue a trademark transfer certificate?
1. How to reissue a trademark transfer certificate?
According to the provisions of my country’s Trademark Law, if the original certificate of trademark transfer is lost, the party concerned may apply to the trademark management department for a replacement certificate of trademark transfer.
"Detailed Implementation Rules of the Trademark Law of the People's Republic of China"
Article 42: When a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and* **Same application to the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark.
When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods.
For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons.
After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.
2. What are the matters needing attention when reissuing the trademark transfer certificate?
1. The name and address of the applicant filled in the application for reissue certificate should be consistent with the current trademark registrant, and the trademark registration number and category should be consistent with the original trademark registration certificate.
2. If the reissue certificate is processed at the same time as the name change of the trademark registrant, the application for reissue certificate should be submitted in the name of the trademark registrant before the change.
3. If the seal of the original trademark registrant has become invalid, the seal of the changed trademark registrant should be stamped on the application for reissue certificate, and a certificate issued by the industrial and commercial administration department should be submitted.
3. What materials are needed for trademark transfer notarization?
Notarization is not required for every trademark transfer. It depends on the requirements of the Trademark Office. However, generally speaking, if the transferred trademark is of high value or there are questions during the review process, the Trademark Office generally requires it. Notarial certificate. At this time, both the transferee and the transferee need to go to a notary office for notarization.
For trademark notarization, you need to prepare the following materials to the notary office:
1. Copies of the identity cards or business licenses of both the transferee and the transferee;
2. The transferor or If the transferee is a corporate legal person, the original and copy of the legal representative's ID card must be provided;
3. If the transferor or transferee is a corporate legal person, the company's articles of association and the shareholders' meeting agreeing to the transfer should be provided Or the original copy of the shareholders’ meeting resolution of the transferred trademark;
4. The transferor’s registered trademark certificate, trademark ownership certificate and trademark pattern original and copy;
5. Multiple persons Some trademarks require written proof of consent from all owners;
6. If a third party has been licensed to use the registered trademark, written proof of the licensee's consent to the transfer should be submitted.
To sum up, the trademark holder can transfer the trademark to others for use, and both parties must sign a trademark transfer contract. After a series of steps, the Trademark Office will issue a trademark transfer certificate. If lost in the future, it must be replaced promptly. When applying for reissue procedures, pay special attention to the fact that the trademark number, holder's name and ID number filled in the application are consistent with those recorded on the original trademark transfer certificate.
The above is about how to write a trademark transfer certificate? What are the precautions for trademark transfer certificate? Regarding the relevant content, trademark transfer needs to present some transfer certification materials or documents to the relevant departments in order to proceed smoothly. If you have any other questions, you can consult for more details. Trademark transfer application Trademark transfer certificate