What is the difference between trademark transfer and trademark change? How is trademark transfer generally done? The editor has brought you relevant knowledge about the difference between trademark transfer and change. Perhaps this There's just what you need. What is the difference between trademark transfer and change?

Introduction

The essence of trademark assignment or transfer is the transfer of trademark rights. The consequence is that the transferor loses the trademark rights from the date when the trademark rights transfer takes effect. , the assignee obtains the trademark rights.

Trademark transfer

Trademark transfer is an act in which a trademark registrant transfers the exclusive right to use a trademark to another party in accordance with legal procedures during the validity period of the registered trademark. Trademark transfer generally takes the following forms: contractual transfer, inheritance transfer, and the most common is contract transfer.

The transfer forms of registered trademarks include contractual transfer and inheritance transfer. Contractual transfer refers to the transfer of a registered trademark by signing a transfer contract between the transferor and the transferee; inheritance transfer refers to the death or incapacity of an individual or an individual business owner registered in accordance with the law, and the legal heir inherits his registered trademark. . In other words, the two parties involved in the trademark transfer exist independently, and the trademark is transferred from one subject to another.

Trademark changes

After the trademark is approved for registration, if the name, address or other registration information of the trademark registrant changes, the trademark registrant shall apply to the Trademark Office for corresponding change procedures. In other words, the subject of trademark change is continuity. If the old company name is changed to a new company name, the company will cease to exist when the company change is completed.

What is the difference between the two?

The transfer of a registered trademark is different from changing the name of the registrant. When the name of the registrant is changed, the subject of the registered trademark does not change, only the name of the registrant changes. When a registered trademark is transferred, its subject has changed, and the owner of the transferred trademark is no longer the original registrant. For the former, for example, if the name of a trademark registrant (enterprise) changes, only the change registration is required; for the latter, if the trademark registrant (enterprise) converts a partnership into a limited liability company, although the name and address of the enterprise have not changed, However, it has essentially been transformed into a new corporate legal person, so the transfer registration procedures should be completed. What are the ways to transfer a trademark?

Applicants can entrust an organization with trademark agency qualifications recognized by the State Administration for Industry and Commerce to act as an agent, or they can go to the Trademark Registration Hall of the State Trademark Office to handle it directly. Currently, there are nearly 800 nationally recognized trademark agency organizations, distributed in all provinces, autonomous regions, and municipalities across the country.

Applicants should decide based on their own specific circumstances whether to entrust an organization with trademark agency qualifications to handle the transfer of a registered trademark, or to go directly to the Trademark Office. If the applicant is familiar with trademark laws, regulations and related procedures, and the postal service of his usual residence or business place is in good condition, he can go directly to the Trademark Office; if he does not meet the above conditions, it is best to entrust a trademark agency to act as an agent; he has no habitual residence in China or Foreigners or foreign enterprises with business premises applying for transfer registration in China should entrust a trademark agency to handle it on their behalf.

In the process of reviewing trademark transfers, the Trademark Office often issues various documents to the applicant, such as notices of correction, notices of rejection, etc. Most of these documents require the applicant to make certain modifications to the original application content and respond. These documents are generally mailed through the post office. In view of the fact that the postal channels in some areas of our country are not very smooth, and some applicants' addresses have changed, applicants often fail to receive documents issued by the Trademark Office, which affects the transfer registration process.

Trademark agents in trademark agency organizations are familiar with trademark laws and regulations, and are proficient in trademark business. They can more accurately understand the intentions of the client and the Trademark Office, and assist the parties to modify the requests issued by the Trademark Office. Accurate revisions are made to the document so that the review of the transfer registration application proceeds smoothly.

What is the procedure for trademark transfer?

(1) Submit the "Transfer Application" to the National Trademark Office (in the fixed format of the Trademark Office and signed by both parties), the identity information of the transferor and the transferee, and the transfer Agreement (if the investment is based on a trademark, an investment agreement, a trademark value assessment report, etc. are required). If you need to entrust others to handle it, you also need to provide a power of attorney. If the information is in a foreign language, it needs to be translated into Chinese;

(2) Trademark After the bureau accepts the application, it will conduct an examination. The main examination contents are: whether the transferor is the trademark owner and whether he has the right to transfer the trademark; whether the transferred trademark is legal and valid, whether there is a pledge without the consent of the pledgee, whether there is a record for licensed use, and whether Are there any compulsory measures such as seizure by the court or other authorities? Is it consistent with the principle of joint transfer? Is there any adverse impact? In addition, if the transferor is a state-owned enterprise, the trademark transfer may involve the disposal of state-owned assets, which requires special procedures. Approval procedures.

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