What is the process for trademark transfer? How to handle trademark transfer? The editor will share with you the organized trademark transfer process. You are welcome to read it. It is for reference only! The text is too long, so it is better to read the trademark. Transfer topic》》》》
What process is required for trademark transfer?
Generally speaking, trademark transfer requires the following processes and the provision of relevant materials:
1. Trademark The transfer process includes: application, acceptance, review, announcement, and issuance of transfer certificate.
2. Documents required for trademark transfer:
(1) "Application for Transfer and Registration of Trademark";
(2) Transferor and Transferee The person's identity document (copy) (the company is the business license, which needs to be stamped with the official seal);
(3) If you entrust an agent, submit the "Agency Letter" issued by the transferee directly in the acceptance hall The original and copy of the identity card of the person in charge of the transferee shall be submitted for processing;
(4) If applying for transfer, relevant supporting documents shall also be submitted;
(5) Application If the document is in a foreign language, a Chinese translation signed and confirmed by the translation agency should also be provided.
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 apply directly.
How to handle trademark transfer
1. The trademark transfer process includes: application → acceptance → review → announcement → issuance of transfer certificate.
2. Documents required for trademark transfer:
A. "Application for Transfer and Registered Trademark";
B. Transferor and Transferee's Identity document (copy);
C. If you entrust an agent, submit the "Agency Letter" issued by the transferee, and if you apply directly in the acceptance hall, submit the original ID card of the transferee's handler and Copy;
D. If applying for transfer, relevant supporting documents should also be submitted;
E. If the application document is in a foreign language, a Chinese version signed and stamped by a translation agency should also be provided translation.
3. Trademark transfer time: It takes about 6-10 months.
How much does a trademark transfer generally cost?
Trademark transfer fees generally include two parts:
1. Trademark transfer acceptance fee: The fee for applying to transfer a trademark is 1,000 yuan, the acceptance fee is paid directly to the National Trademark Office, and the National Trademark Office charges an official fee of 1,000 yuan;
2. Trademark transfer agency fee: If you entrust an agency, you need to pay a certain agency fee.
Which trademark transfers are invalid
According to the provisions of the "Trademark Law of the People's Republic of China" and the "Regulations on the Implementation of the Trademark Law of the People's Republic of China" promulgated by the State Council , to transfer the exclusive right of a registered trademark, the transferor and the transferee shall sign a transfer agreement and submit applications to the Trademark Office at the same time. However, the transfer will be invalid under the following circumstances:
1. The trademark registration certificate is invalid. This type of situation generally refers to a registered trademark that has expired and no renewal application has been filed within the six-month extension period, or the registered trademark has stopped being used for three consecutive years; or the trademark has been canceled by the Trademark Office.
2. The transfer changes the text, graphics and combination of the registered trademark without authorization. Registered trademarks are approved and filed with the State Trademark Office, and users are not allowed to make changes without authorization. Registered trademarks that have been changed without authorization are not transferable and are not protected by law.
3. Change the name, address, and other matters of the registrant without the approval of the relevant departments without completing the change procedures. The name and address of the registrant are unique and certain, and are an important basis for determining the owner of the exclusive right to a registered trademark, and cannot be changed at will. Any unauthorized changes are not protected by law.
4. Application for transfer of registered trademarks that may cause misunderstanding, confusion or other adverse effects. After long-term use, a registered trademark may have become well-known to the relevant public, and consumers may associate products with the same registered trademark. Confusion and misunderstanding are particularly likely to occur when a registered trademark is transferred.
In order to protect the interests of consumers and avoid confusion and misunderstanding, the law stipulates that 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.
5. The trademark registrant does not transfer the same or similar trademarks registered on the same or similar goods. Identical or similar trademarks registered on the same or similar goods should be transferred together. Otherwise, it will easily cause confusion and misunderstanding to consumers, and the significance of protecting the exclusive rights of the trademark will be lost. Therefore, the law stipulates that identical or similar trademarks registered on the same or similar goods should be transferred together.
The above is the trademark transfer process provided by the editor. I hope it can be helpful to everyone.
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