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What is the trademark inheritance procedure?
what does trademark inheritance mean? Inheritance and transfer (trademark transfer): The so-called inheritance and transfer is a way to obtain trademark rights in the form of inheritance and inheritance distribution. It means that after the owner of a registered trademark dies or terminates, the natural person, legal person or other organization who inherits his rights and obligations will continue to use his exclusive right to use the registered trademark. The Regulations on the Implementation of the Trademark Law introduces a new concept of transfer, which mainly applies to the following situations, including inheritance transfer: 1. Inheriting a registered trademark because of the death of the registrant. The trademark right owned by a natural person, after the death of the registrant, the successor who enjoys the right of inheritance according to the law can inherit the registered trademark according to law. 2. After the registrant dies due to separation, merger or restructuring, the enterprise after separation, merger or restructuring needs to transfer the trademark; When an enterprise is divided, merged or restructured, the value of trademark rights should be clearly accounted in the process of assets verification, and the ownership of trademark rights should be clearly defined in the contract of enterprise division, merger or restructuring and relevant government documents, and trademark transfer procedures should be handled. 3. After the enterprise goes bankrupt, the liquidation team disposes of its trademark. According to the relevant provisions of the Bankruptcy Law and the General Principles of the Civil Law, after the bankruptcy of an enterprise, the disposal of its property; It belongs to the enterprise bankruptcy liquidation team, so the trademark rights of bankrupt enterprises should be handled by the liquidation team. 4, according to the effective legal documents to enforce the transfer of registered trademarks. When the registered trademark right is enforced by the people's court as the subject of enforcement, if the enforced person fails to enforce it according to the court's ruling, the party who enjoys the trademark right in accordance with the relevant laws and regulations shall go through the transfer formalities with the notice of assistance in enforcement issued by the relevant court to the Trademark Office. 5. The exclusive right holder of a registered trademark is transferred for reasons other than transfer. On the surface, trademark registrant's change of name and transfer/transfer all mean that the registrant's name has changed, but the essence, reasons and consequences of the change are different trademark inheritance procedures: 1. Changing the registrant's name refers to the change and alteration of the registered trademark owner's name. This change is limited to the change of the appellation of the registrant, and has nothing to do with the subject of the trademark right. This change occurs when the trademark belongs to the same subject, and there is no transfer of the trademark right. The reason for the change is that the name registered by the obligee in the relevant registration department has changed, and the result of the change is that the name of the registrant has changed, which does not involve the subject of the trademark right. 2. Trademark transfer or transfer takes place between different subjects, which is due to the transfer contract, inheritance and transfer, etc. Its essence is the transfer of trademark rights, and its consequence is that the transferor loses trademark rights and the transferee gains trademark rights from the effective date of trademark rights transfer. Information required for trademark change: 1. Copy of business license before and after the change (stamped with official seal) 2. Name and address before the change, name and address after the change 3. Copy of trademark registration certificate or acceptance notice 4. Certification documents issued by the registration authority should also be provided for the change of the registrant's name 5. Certification documents and application forms when the contact information is changed, preferably the original power of attorney, so that the passing speed will be faster and the passing probability will be higher.