There is also a process to be followed when handling the transfer of trademarks in Shenzhen. What is the transfer process of this trademark? How to transfer a trademark? The editor has brought you relevant knowledge about the "Shenzhen trademark transfer process". This There may be what you need. Steps for trademark transfer in Shenzhen

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

< p>(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. What is the transfer of a registered trademark?

The transfer of a registered trademark refers to the legal act by which the trademark owner transfers all its exclusive rights to the trademark to others in accordance with the procedures prescribed by law. Article 39 of the Trademark Law: When a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and submit applications to the Trademark Office at the same time. 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. ?What precautions should the transferee of Shenzhen trademark transfer take?

When transferring a trademark, the transferee should pay attention to the following matters to avoid damaging its own interests:

1. Trademark Is the transferor the owner of the registered trademark?

If the transferor is not the owner of the trademark and does not enjoy the exclusive right to register the trademark, he will not have the right to transfer, which may result in the transfer being invalid. Therefore, the transferee should carefully confirm whether the owner of the registered trademark and the transferor are consistent before signing the contract. Simply checking the Trademark Registration Certificate provided by the assignor is not enough. Because a registered trademark may have been transferred, the transferred trademark transferee may not necessarily be shown on the "Trademark Registration Certificate"; for trademark transfers, the Trademark Office generally will not directly change the registrant on the "Trademark Registration Certificate", but A separate "Approved Trademark Transfer Certificate" is issued, which directly displays the name of the trademark transferee. Therefore, it is also necessary to ask the transferor whether the trademark has been transferred and whether there is a transfer certificate. To be on the safe side, it is best for the transferee to go to the Trademark Office to check the Trademark Registration Book to further confirm that it is correct.

2. Is the registered trademark within the validity period?

The validity period of a registered trademark is ten years, calculated from the date of approval of registration. If you need to continue to use it after the expiration of the validity period, you should apply for renewal. Exhibition registration. If the transferred registered trademark has expired without renewal and the transferor no longer has the exclusive right to register the trademark, then after the transfer, the transferee will naturally not enjoy the exclusive right to the registered trademark.

3. Have both parties signed a written transfer agreement?

Although the contract can be in oral, written or other forms, according to the provisions of the Trademark Law, when a registered trademark is transferred, the transferor and the The transferee shall sign a written transfer agreement. Otherwise, in the event of a dispute, the validity of the oral transfer contract will easily be negated. Without a written transfer agreement, if the transferor transfers the property to another person and it is approved by the Trademark Office, the rights of the transferee will not be protected.

4. Is it necessary to submit an application for transfer of a registered trademark to the Trademark Office?

The transferor and the transferee should submit an application to transfer a registered trademark to the Trademark Office at the same time. Upon approval and announcement by the Trademark Office, the assignee shall enjoy the exclusive right to use the trademark from the date of announcement.

The application procedures for transferring a registered trademark shall be handled by the transferee, and the transferor shall be obliged to provide all necessary assistance. If a transfer application is not submitted to the Trademark Office, the transfer will not be effective.

5. Are the same or similar trademarks of the transferor transferred together?

Paragraph 2 of Article 25 of the "Regulations on the Implementation of the Trademark Law" stipulates: "Where a registered trademark is transferred, The trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods together; if they are not transferred together, the Trademark Office shall notify the trademark registrant to make corrections within a time limit; if the trademark registrant fails to make corrections within the time limit, it shall be deemed to have given up the transfer of the trademark. When applying for a registered trademark, the Trademark Office shall notify the applicant in writing. ?Therefore, the transferor must transfer the same or similar trademarks registered on the same type or similar goods together. He cannot transfer only a part, keep a part for himself, or transfer the other part to a third party.

6. Is the registered trademark licensed for use?

If the trademark is licensed for use, it will inevitably affect the interests of the assignee. If it is an exclusive license, the transferee's use of the transferred trademark will be severely restricted. Therefore, before handling the trademark transfer procedure, the trademark owner must obtain the licensee's consent, handle the aftermath in accordance with the trademark licensing contract, and must not harm the legitimate interests of the licensee. The transferee should require the transferor to make a commitment in the transfer agreement that there is no use license in any form or that the existing disputes have been properly resolved; and the transferor should stipulate the liability for breach of contract when the transferor violates the commitment.

7. Are there other rights restrictions on registered trademarks?

For example, if you use other people’s photos, designs, etc. to apply for a registered trademark, you must obtain the legal permission of others and pay a reasonable fee. remuneration. If you apply for a registered trademark on someone else's photos, designs, etc. without their permission, it will undoubtedly infringe on the prior rights of others. The prior rights holder can apply to the Trademark Office or the Trademark Review and Adjudication Board to cancel the registered trademark. If this situation exists and the transferred registered trademark is revoked, the transferee will suffer huge losses. In this regard, the transferee may require the transferor to promise in writing that the registered trademark will not infringe the prior rights of others. Otherwise, the transferee may terminate the contract and require the transferor to compensate for all economic losses.

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