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What does trademark transfer mean?

Trademark transfer is an important way to obtain the exclusive right to register a trademark. Trademark transfer in a broad sense refers to the act of obtaining ownership of a registered trademark from the original trademark registrant through transfer agreement, acceptance of gifts, inheritance, inheritance, etc. To transfer a registered trademark, the transferor and the transferee must simultaneously apply to the trademark authority for transfer registration or evaluation within 6 months after the transfer. Some countries stipulate that the transferred trademark must be transferred together with the enterprise. my country does not provide for the transfer of trademarks together with enterprises, but it stipulates that the transferee should ensure the quality of the goods using the transferred trademark. Trademarks can also be used as investments to price shares.

Trademark transfer needs to be handled at the Trademark Office. The process includes: application → acceptance → review → announcement → issuance of transfer certificate.

1. The buyer and the seller sign the "Trademark Transfer Contract/Agreement".

2. The trademark holder applies for trademark notarization, which is usually completed within 3-5 working days, and obtains the "Trademark Declaration Notarization Certificate".

3. Submit the prepared materials and notarial certificate to the Trademark Office, and then pay the transfer fee (usually 1,000 yuan).

4. The Trademark Office will issue the acceptance letter in about 1-2 months and start the review.

5. The Trademark Office will publish an announcement about 5-8 months after accepting the application and issue a "Certificate of Approval of Transfer of Registered Trademark" to both parties.

6. Required materials

"Application for Transfer of Trademark/Registered Trademark" (need to be signed or stamped by both parties)

Signed by the transferor and the transferee Trademark transfer agreement or contract

Identity documents of the transferor and transferee (licenses should be provided if they are legal persons)

The registered trademark certificate

Notarized A notarial certificate of trademark declaration (subject to the requirements of the Trademark Office)

If you request an agency to operate, you must provide the original and copy of the person in charge

If the application documents are in a foreign language, you should also provide Provide a Chinese translation signed and confirmed by the translation agency

: What are the circumstances of trademark transfer?

1. The company is no longer in business and needs to transfer its trademark.

2. The company's trademark is temporarily idle and there is no need for use. It can be transferred and cashed out.

3. Other companies pay high prices to purchase our trademarks.

4. Trademark transfer occurs due to corporate mergers, mergers or restructuring.

5. Trademark transfer occurs in accordance with the court’s decision.

6. Other situations.

Legal basis: Article 42 of the Trademark Law: When a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and file an application with the Trademark Office at the same time. 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.