What should you do if you want to transfer the trademark after canceling the company? How to handle the trademark transfer process? The editor has brought you relevant knowledge about "cancelling the company and transferring the trademark", which may include you need. How to handle the company's trademark transfer procedures?
Regarding the trademark transfer procedures, Article 39 of China's "Trademark Law" stipulates that 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. 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. ?
In addition, when transferring a registered trademark, the transferor and the transferee shall submit an application for transfer of a registered trademark to the Trademark Office. The application procedures for transferring a registered trademark shall be handled by the transferee. After the Trademark Office approves the application for transfer of a registered trademark, it will issue the transferee a corresponding certificate and make an announcement.
When a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods together; if it is not transferred together, the Trademark Office shall notify the trademark registrant to make corrections within a time limit. ; If no correction is made within the time limit, the application for transfer of the registered trademark will be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing. The Trademark Office will not approve an application for transfer of a registered trademark that may cause misunderstanding, confusion or other adverse effects, and will notify the applicant in writing and explain the reasons. The process for a company to handle trademark transfer
The first step is to prepare the application documents
The application documents that should be submitted are:
(1) "Transfer Application/ "Application for Registered Trademark"
(2) Identity documents (copies) of the transferor and transferee
(3) Submission of "Agency" issued by the transferee "Letter of Power of Attorney", which can be processed directly in the acceptance hall. Submit the original and copy of the identity card of the person in charge of the transferee
(4) If applying for transfer, relevant supporting documents should also be submitted
(5) If the application documents are in a foreign language, a Chinese translation signed and confirmed by the translation agency should also be provided
(6) A notary certificate of trademark seller’s declaration from the notary office
Article 2. Step-by-step submission of application documents
1. The applicant goes directly to the trademark registration hall. After the application documents are ready, submit them at the acceptance window of the trademark registration hall, and the staff at the window will confirm the application. Whether the application documents are qualified.
2. If a trademark agency is entrusted to handle the application, the trademark agency will deliver the application documents to the Trademark Office.
The third step is to pay the transfer fee
A transfer application requires a transfer fee of 1,000 yuan.
If a trademark agency is entrusted to handle the matter, the applicant shall pay the transfer fees and agency fees to the trademark agency. The transfer fees collected by the Trademark Office will be deducted from the advance payment of the trademark agency. Can a company's trademark transfer application be withdrawn?
According to legal provisions, before the Trademark Review and Adjudication Board makes a decision or ruling, the applicant may withdraw its review application by stating the reasons in writing to the Trademark Review and Adjudication Board. If the applicant withdraws the review application, the trademark review process will be terminated. After withdrawing the trademark review application, the applicant shall not file another review application based on the same facts and reasons.
1. If you entrust a trademark agency to handle the trademark transfer procedures, just let the agency handle the withdrawal procedures. But you need to cooperate with some materials, such as signing. If you don’t know the reason for withdrawing, just ask the agency to help you figure it out. These agencies are very professional.
2. If you handle the transfer yourself, you should explain the reason for withdrawing the transfer. The reasons should be as full as possible. It is best to have the transferor and the transferee sign the reason letter together. Then send it to the Trademark Office. What information is needed for notarization of a company's trademark transfer
Generally, the Trademark Office will require notarization of trademark transfer. If not, it may be required to make supplements and corrections.
Notarization of trademark transfer requires the following information:
1. If the transferor or transferee is a citizen, the original and a copy of the "Resident Identity Card" should be submitted;
2. Transfer and transferee If the transferor is an enterprise legal person, it should submit the original or copy of the "Enterprise Legal Person Business License", the original and a copy of the "Organization Code Certificate", the original and a copy of the legal representative qualification certificate, The original and a copy of the legal representative's "Resident Identity Card" and a letter of introduction from the unit;
3. If the transferor or transferee is another organization, the relevant subject qualification certificate and the person in charge should be submitted Original identification certificate and letter of introduction from the company;
4. If the transferor or transferee is a joint-stock enterprise, the company's articles of association and the original shareholders' meeting resolution agreeing to transfer or transfer the right to use the trademark should be submitted;
p>
5. The original and copy of the registered trademark certificate, trademark ownership certificate and trademark pattern;
6. If entrusting another person to handle the process, provide a valid "Power of Attorney" and the trustee's ID card.
At the same time, please note that the registered trademark must not exceed the validity period. The exclusive right to a trademark shall be evidenced by the written consent of other owners. If you have licensed others to use the registered trademark, you must submit written proof that the licensee agrees to the transfer. When transferring registered trademarks for tobacco products, medicines, etc., certificates from the corresponding production authorities must be provided. The transfer agreement should include provisions on transfer and other related expenses. The notary may require the parties to submit additional supporting documents based on the specific circumstances of the notarization matter.
Cancel company transfer trademark Bajie - China's leading brand in trademark trading; trademark transfer, a platform focusing on trademark transfer and registration for 14 years, the number of trademark registration and transfers is far ahead in the country, trademark registration, trademark transfer process, buying and selling trademarks, Beijing, Shanghai, Guangzhou, Shenzhen, Tianjin, Zhengzhou, Hangzhou, Nanjing, Jinan, Chongqing, Qingdao, Dalian, Ningbo, Xiamen, Chengdu, Wuhan, Harbin, Shenyang, Xi'an, Changchun, Changsha, Fuzhou, Shijiazhuang, Suzhou, Foshan, Dongguan, Wuxi, Yantai, Taiyuan, Hefei, Nanchang, Nanning, Kunming, Wenzhou, Tangshan, Zibo, hotline: Trademark transfer