article 39 where a registered trademark is transferred, the assignor and the assignee shall sign an assignment agreement and file an application with the trademark office. The transferee shall guarantee the quality of the goods using the registered trademark.

after the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement.

article 4 a trademark registrant may authorize others to use his registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.

anyone who uses another person's registered trademark with permission must indicate the name of the licensee and the place of origin of the goods on which the registered trademark is used.

form of transfer

the transfer of a registered trademark is an act in which the trademark registrant transfers the exclusive right to use the trademark to another party according to legal procedures within the validity period of the registered trademark. The transfer of a registered trademark generally takes the following forms:

1. Contract transfer

The transferor stipulates the contents, mutual rights, obligations and liabilities for breach of contract of the registered trademark through a contract. This form of transfer is generally paid, that is, the transferor collects a certain transfer fee by transferring the exclusive right to use a registered trademark.

2. Successive transfer

There are two situations in which a registered trademark is transferred: (1) After the death of the registered owner (natural person), that is, after the end of his life, an heir inherits all the registered trademarks of the deceased before his death according to the inheritance procedure. (2) as the owner of a registered trademark, the enterprise is merged or transferred when it is merged.

3. Transfer due to administrative orders

This form of transfer generally occurs in public ownership countries. The administrative orders mentioned here are mainly those plans and administrations that cause property circulation. For example, the division, merger, dissolution or conversion of state-owned enterprises in China according to administrative orders will inevitably lead to the change of registered trademark subject. Means of transfer

The applicant may entrust an organization with trademark agency qualification recognized by the State Administration for Industry and Commerce, or go directly to the trademark registration hall of the State Trademark Office. At present, there are nearly 8 trademark agencies recognized by the state, which are distributed in all provinces, autonomous regions and municipalities directly under the central government.

the applicant should decide whether to entrust an organization with trademark agency qualification to handle the transfer of a registered trademark or go directly to the trademark office according to his own specific situation. If the applicant is familiar with trademark laws and regulations and related procedures, and the postal service at his habitual residence or business place is in good condition, he can go directly to the Trademark Office for handling; If the above conditions are not met, it is best to entrust a trademark agency to act as an agent; Foreigners or foreign enterprises that have no habitual residence or business premises in China shall entrust a trademark agency to handle the transfer registration in China. In the process of examining trademark transfer, the Trademark Office often issues various documents to the applicant, such as notice of correction and rejection. Most of these documents require the applicant to make some amendments to the original application and reply. These documents are usually mailed by post office. In view of the fact that the postal channels in some parts of China are not very smooth, and some applicants' addresses have changed, the phenomenon that the documents issued by the Trademark Office are not received by the applicants often occurs, which affects the process of transfer registration.

Trademark agents in trademark agency organizations are familiar with trademark laws and regulations, proficient in trademark business, able to accurately understand the intentions of clients and the Trademark Office, assist the parties to make accurate amendments to the documents requested by the Trademark Office, and make the examination of transfer registration applications go smoothly. Preparation for transfer

An application for trademark transfer must use an application in a unified format formulated and published by the State Administration for Industry and Commerce. The application can be obtained from the registration hall of the Trademark Office. It can also be downloaded from this website. If it is entrusted to a trademark agency, it shall be provided by the agency.

To apply for trademark transfer, the following documents must be submitted to the Trademark Office:

1. An Application for Trademark Transfer, which should be stamped with the seals of the applicant and the assignee;

2. the power of attorney for trademark transfer stamped by the transferee;

3. A copy of the transferee's Business License;

4. Pay the trademark transfer application and other fees as required;

5. If you entrust a professional organization to apply, you still need to pay some fees (the fees will be fixed by the entrusting organization);

Time required

1. The Trademark Office will issue the Certificate of Approval of Transfer of Registered Trademark within 15 days after receiving the application for transfer.

2. You can receive the Certificate of Approved Transfer of a Registered Trademark within three to four months from the date of establishment of the application. This certificate should be used together with the original Trademark Registration Certificate.

3. The date marked on the Certificate of Approval of Transfer of Registered Trademarks is the effective date of transfer registration.

Announcement for obtaining the certificate

Application through agency: The Trademark Office will issue an announcement after examination and approval, and the agent will send the Trademark Registration Certificate to the transferee of the transferred trademark.

direct application for registration transfer: the Trademark Office will issue an announcement after examination and approval. The transferee of transfer registration shall go to the Trademark Office to obtain the certificate within three months after receiving the Notice of Transfer Registration, and shall also bring: (1) a letter of introduction to receive the Notice of Transfer Registration;

(2) the transferee's identity card and its copy;

(3) The original copy of the business license, which should be stamped with the stamp of the local industrial and commercial department

(4) Receiving the Notice of Transfer Registration;

(5) if the name of the transferee changes, a certificate of change issued by the working department shall be attached. Trademark transfer should pay attention to eight points

1. Trademark transfer must be approved by the State Trademark Office before it is protected by law, otherwise it will be regarded as invalid transfer. Article 42 of the Trademark Law stipulates that if a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark.

2. Where a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same commodity or the same or similar trademark registered on similar commodities. This is also stipulated in Article 42 of the Trademark Law. For example, if you have three similar trademarks, you must transfer them together, and you can't just transfer one or one of them.

3. If the trademark transferor is licensing others to use its registered trademark, it must obtain the consent of the licensee before transferring it to a third party. Simply put, if you have a trademark for others to use, at this time, if you want to transfer it, you have to get the consent of others.

4. If an enterprise cancels or an individual dies and fails to go through the trademark transfer formalities within one year from the date of cancellation or death, it can no longer go through the trademark transfer formalities, and its trademark ownership naturally disappears.

5. The trademark under application can also be transferred, but if the application fails, the transfer will be unsuccessful.

6. Both parties to trademark transfer must have business licenses, and natural persons must have individual licenses, otherwise they cannot apply.

7. Notarization of trademark transfer is not necessary, but from the perspective of transfer security, we suggest that it be notarized, so as to prevent going back on our word.

8. The trademark transfer cannot be suspended. If both parties submit an application, it cannot be suspended. If it is to be revoked, only a second transfer can be made to transfer the trademark to the original transferor.

in addition, the time and cost of trademark transfer are not fixed. The time of transfer is mainly related to the efficiency of the trademark office, while the cost is related to the quality of the trademark itself.

that's what xiaobian provided for you? Detailed process of trademark transfer? , I hope everyone can like it! trademark transfer