Can a trademark be sold?

Can a trademark be sold? It takes about two and a half to three years for a trademark to be approved for registration. The success rate of trademarks is very low. Trademark rejection is usually rejected 5 or 6 months after submission to the Trademark Office. If it fails, it will be delayed for half a year. Can the trademark be sold? Can trademarks be sold? 1

Trademarks can be bought and sold

1. Why is a trademark transferred?

1. Everyone’s demand for trademarks

Now it takes more than a year, or even longer, to register a trademark, and some companies can’t wait such a long time. In this case, trademark transfer is very much in demand.

2. Trademark registration is difficult

The components of a trademark are limited, so the trademarks composed of these elements are also limited. Currently, there are more than 10 million registered trademarks in our country. Piece. Moreover, trademark registration cannot overlap with an already registered trademark. This shows how difficult it is to register a trademark.

2. The form of trademark transfer:

1. Contract transfer;

2. Succession transfer;

3. Transfers due to administrative orders.

The trademark transfers we often talk about are basically contract transfers in the form of paid contracts. Most trademark transactions on the market are also transferred in the form of contracts. The second and third types are not transactional in nature.

3. Details of trademark transfer:

1. Before signing the transfer agreement, you can call the notary office for verification to see if the trademark can be used and transferred. .

2. When purchasing a trademark, be sure to verify the legitimacy of the trademark agency. If you encounter a scammer, even if you go to court to sue them, you will not be able to submit the litigation materials. In other words, it is really a dumb person who eats Coptis chinensis and cannot express the pain.

Formal agencies will be registered on the official website of the Trademark Office and can be found. The operation is as follows:

a. Enter the official website of the China Trademark Office and click on Trademark Agency. Then click on the total list of registered agents;

b. Enter the name of the agency and it will come out.

3. When purchasing a trademark, you should pay attention to check whether there is a full refund in the trademark transfer agreement if the trademark is not successfully transferred

to avoid some trademark entrusting agencies signing the contract. When signing a trademark transfer agreement, do not keep your word;

4. When buying a trademark, you must not only confirm the authenticity of the trademark certificate, but also check the validity period of the trademark certificate. After a trademark is successfully registered, it will be protected for 10 years. You can calculate the protection period based on its registration time;

5. Check whether the trademark has been rejected during registration and whether the trademark has been revoked. Three years are not applicable to applications and trademark invalidity, etc.;

6. Trademark registration is regional. If it is registered in China, it is only valid within China. If you want to have trademark ownership in China, Then the trademark must be approved and registered in China.

4. The process of trademark transfer:

1. Verify the transferor’s trademark information

The transfer of the trademark can only be completed after both parties sign a transfer contract. Transfer, but if there are problems with the transferred trademark, it will harm your own interests. Therefore, before signing the contract, you should check whether there are problems with the trademark. The trademark transferee should check the China Trademark Network for a comprehensive trademark query;

2. Both sides sign a trademark transfer contract

Before the official transfer, the trademark transferee and the trademark transferor should jointly sign a trademark transfer contract, and the details of the transferred trademark need to be stated in the contract. information, the cost of transferring the trademark, the effective date of the contract, and the signatures and seals of both parties are required;

3. Submission of trademark transfer materials

After both parties complete the trademark transfer contract, the trademark transferee The person and the trademark transferor need to submit the trademark transfer application information, supporting documents, trademark transfer application, and a copy of the trademark transferee’s business license to the Trademark Office;

4. Wait for the Trademark Office’s reply

< p> After receiving the applications from the trademark transferor and transferee, the Trademark Office will issue a trademark transfer approval certificate to both parties within 6-8 months. The date marked on the certificate is the effective date of the trademark transfer.

5. Documents required for trademark transfer:

1. "Transfer Application/Registered Trademark Application";

2. Transferor and transferee's Copy of identity certificate;

3. If you are entrusting an agent, submit the "Agency Letter" issued by the transferor and the transferee respectively. If you apply directly in the acceptance hall, submit the ID card of the person in charge of the transferee. Originals and copies;

4. If applying for transfer, relevant supporting documents should also be submitted;

5. If the application documents are in a foreign language, the signature and seal of the translation agency should also be provided for confirmation. Chinese translation. Can a trademark be sold? 2

In today’s Internet era, it is very simple to check whether a trademark has been registered. There are currently three reliable methods:

1. Entrust a professional trademark agency to perform inquiries. Many agencies now provide free trademark search services. Inquiring about trademark registration status through a professional and experienced agency can greatly reduce the risks caused by registered trademarks and improve the success rate of registered trademarks.

2. Go to the Beijing Trademark Office to inquire. This trademark search method is a paid search. Chinese query is 120.00 yuan; English query is 200.00 yuan; graphic query is 300.00 yuan. However, this query method has serious geographical limitations. If you are not in Beijing, this may seem very troublesome.

3. Search on the official website of China Trademark Network. Although this method seems to be quick and convenient, it requires a lot of trademark expertise from the searcher. First, the searcher must find the category of the trademark he wants to register among the 45 trademark categories. Then, the inquirer will use professional judgment to determine whether the trademark he wants to register has been registered. Obviously, this approach exposes companies to huge risks. Therefore, this method is generally not recommended.

Special note: It takes about two and a half to three years from application to approval of registration for a trademark. There is no statutory time limit for approval or rejection of a trademark registration application. At present, it is generally about 15 months from the date of application to announce the trademark in the first instance (sooner if rejected). If there is no objection to the trademark within 3 months from the date of the initial examination, the Trademark Office will review and announce the trademark, and then issue the trademark Registration certificate, the trademark has been approved. The time period for trademark review may change at any time based on the speed of internal review at the Trademark Office. Therefore, you must be cautious when checking the trademark registration status, otherwise it will seriously slow down the progress of successful trademark registration.

Information required to inquire about trademark registration:

Individual name: copy of ID card, copy of individual business license, clear trademark logo, application form.

Company legal person name: copy of business license, clear trademark logo, application form. Can trademarks be sold? 3

Individuals can register trademarks

However, whether it is an individual or an enterprise, registering a trademark requires a business license.

Materials required for trademark registration

Materials required for the company: Company business license, official seal (authorization letter needs to be stamped)

Materials required for individuals: Self-employed business License, ID card of the operator (just sign the authorization letter)

How to apply for a self-employed business license:

You need to prepare proof of business location (your own house book, purchase contract, rental contract ), you can go to the local industrial and commercial office to apply for a self-employed business license (you can apply for a studio-type license). The process is free. If it is fast, the certificate can be issued on the same day. If it is slow, it can be issued in a few working days.

Don’t believe what is said on the Internet that self-employed individuals do not need to keep accounts and file taxes. Nowadays, the control is stricter. Now self-employed individuals need to keep accounts and file taxes just like companies.

But it doesn’t matter. You can find a local accounting company. The self-employed ones are very cheap and can be done for a few hundred yuan a year. It can be done by an individual, and it is said to be quite simple, but if you don’t know how, you can find an accounting company.

Trademark registration cycle

The trademark registration cycle is very long, usually 10 months (it started to speed up last year, before it was 12-14 months Months, but from actual experience, it feels like only some trademarks have been accelerated, because I have registered the same trademark in different categories, some have been successful, and some are still in the review status).

Precautions for trademark registration

1. When registering the trademark of the category you want, you must register it together with the 35 categories of trademarks. Don’t let people rush to register Class 35 trademarks. Class 35 trademarks are really important and must be used by many platforms.

2. The trademark registration period is approximately 10 months.

3. The success rate of trademarks is very low. Trademark rejection is usually rejected 5 or 6 months after submission to the Trademark Office, which means that if the trademark registration fails, it will be delayed for half a year.