How does the trademark transfer process proceed?
Due to merger, division or merger, an enterprise shall go through the formalities for the transfer of a registered trademark in time.
If the enterprise has been cancelled, its trademark ownership will naturally disappear, and the trademark transfer formalities can no longer be handled.
When a trademark assignor registers the same or similar trademark on the same or similar goods, it must handle the assignment together.
To apply for the transfer of a registered trademark, the assignor and the assignee shall apply to the Trademark Office at the same time, and the assignee shall go through the application procedures for the transfer of a registered trademark.
After the Trademark Office approves the application for transfer, it shall issue the corresponding notice of transfer and certificate of transfer to the trademark transferor and transferee.
Materials to be provided for trademark transfer
1. Power of attorney: If a trademark agency is entrusted to act as an agent, a power of attorney stamped with the transferee's seal shall be provided. To apply for trademark assignment in China, the transferee outside the mainland must entrust a trademark agency to handle it.
2. Application for assignment of a registered trademark: Where an agency is entrusted to apply for assignment of a trademark, it shall be put forward by the agency and sealed or signed by both the assignor and the assignee.
3. A copy of the transferee's business license or certification documents of institutions, associations and other organizations with legal personality. The transferee is from outside the mainland, so these documents are not needed.
4. Special certification materials:
1) When the transferor uses the registered trademarks of medicines, medical nutritious foods, medical nutritious drinks and baby foods for transfer, the transferee shall provide the certification documents of the health administrative department, namely the License for Pharmaceutical Manufacturing Enterprises or the License for Pharmaceutical Trading Enterprises. If the above two certificates are not obtained, the transferee shall provide the approval documents for the establishment of pharmaceutical manufacturing or trading enterprises issued by the health administrative department; Where the transferor uses the trademark of disinfectant, the transferee shall provide the certificate from the health and epidemic prevention department.
2) Where the trademark of cigarettes, cigars and packaged cut tobacco is transferred, the transferee shall provide the certification documents approved by the national tobacco authorities for production. Applicants outside the mainland do not need these documents.
3) If the enterprise fails to handle the transfer formalities in time due to merger, division or merger, and the seal is invalid, the transferor's seal may not be affixed, but a valid certificate from the transferor's competent department or a certificate from the local administrative department for industry and commerce must be provided.
Matters needing attention in trademark transfer
After the trademark is transferred, the exclusive right to use the trademark will also be transferred, so the transfer of the trademark must be cautious. When transferring a registered trademark, we should pay attention to the following issues:
Identical or similar trademarks registered on the same or similar goods must be transferred together. This is to avoid product source confusion caused by segmentation and transfer. In addition, the joint trademark and defensive trade mark must be transferred together.
A trademark that has been licensed to others shall not be transferred at will unless the licensee agrees. This is because the license contract cannot be transferred with it, and the transfer registration cannot be handled without canceling the license contract. After the transfer registration, the transferee may continue to sign a license contract with the original user if it wishes.
The transferee must guarantee the quality of the goods.
Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transfer registration shall be handled by the transferee. After the trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement.
* * * Trademarks may not be transferred independently.
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What principles should trademark design follow?
1, identifiability
Identification is the most basic function of a trademark. Due to the special nature and function of trademarks, the formal rules and special requirements of trademarks are determined, that is, they have their own unique personality and are not allowed to have the slightest similarity. American stylist arnheim Rudolph said? The content of any kind of work must go beyond the individual representation contained in the work. ? In other words, the image of the work must be attractive. Make people's understanding focus on the direction the author needs. Vivid images have a strong visual impact, giving people a psychological aftertaste and gaining a psychological enjoyment in the aftertaste. Trademarks can have functions and functions that enterprise names do not have. Although the name can be understood, it can never establish a clear, powerful, fixed and unified image in people's minds. Creative trademarks with their own characteristics have vitality, as bright, eye-catching and powerful as flags. The more distinctive the personality, the stronger the appeal of visual expression, the deeper the stimulation and the longer the duration.
Step 2 communicate
Modern trademarks not only play the role of commodity symbols, but also express certain meanings and convey clear information through trademarks, leaving a beautiful and unique impression on the public. This? Meaning? And then what? Information? From the designer's deep understanding of all aspects of the enterprise, including business philosophy, scale history, product performance, use, sales target, price, production technology and so on. , choose one of the most representative? Point? Use exaggeration, generalization, metaphor or suggestion to create a symbolic artistic image. The creation of visual image is based on meeting the psychological needs of consumers and must be visual and readable. We should study, understand, master and use their psychological needs, express them through silent images, and pour them out in their vision and psychology to attract customers. In this sense, trademarks are as accurate as signals and easy to understand and identify.
3. Aesthetics
Schiller said: on the one hand, it is nature, on the other hand, it is ideal, and this is beauty.
Because of the different artistic forms and social functions of trademark design, its thinking method, expression means, artistic language and aesthetic point of view are different from ordinary artistic creation. The biggest characteristics of trademark aesthetics are: conciseness, readability and easy to remember. Because human perception has a certain load limit, it has the function of selectively accepting and transmitting environmental stimuli and defending against rejection. In other words, vision only accepts what it is interested in. The contact between human vision and objects is fleeting, and the ability of visual recognition of images is restricted by time and speed. Speed and time require people's vision to quickly identify objects, which are introduced into the brain to leave memories, which requires images to have concise and clear visual effects and visual appeal. Jane, don't lose this in simplicity and emptiness; Complex, not trivial. Conciseness includes richness, simple changes, complexity for simplicity, and richness for simplicity.
Trademark pattern is the main artistic language that produces attraction. Shelf race? Strong expressive force plays an important role in the beautification and promotion of commodities. If you copy the natural form, you will inevitably lose the expressive power of the trademark. Only by constantly controlling the pursuit of art can your works have distinct, intense stimulation, vivid and simple intuition.
4. Adaptability
Trademarks are widely used in visual communication design with the highest frequency. Facing the challenges of different materials, different technologies and different conditions, the expression form should be suitable for the changes of black and white and color, positive and negative modeling, enlargement and reduction, and wireframe hollow body. The purpose of standard operation is to establish the authority of system standard use regulations.
5. The Times
Corporate trademark seal is the core of corporate image. It is not only the guarantee of product quality, but also the basis for identifying goods. It represents a kind of reputation, which has been cultivated by enterprises for several years, decades or even hundreds of years. The prosperity of economy, the intensification of competition, the change of lifestyle and the trend of fashion all require that trademarks must adapt to the times. One way is to abandon the old trademark, redesign it and appear with a brand-new look. This redesign may be costly in economy, and only through repeated publicity by advertising media can we re-establish our image. The other way is to gradually transform and improve the old and reputable trademarks on the basis of the original trademarks over time, which is not only continuous and easy to identify, but also endowed with a sense of the times and makes people unconsciously accept new trademarks. The law of this evolution is from concrete to abstract, from complex to concise, so as to modernize and internationalize it.
The above is the company trademark transfer process provided by Bian Xiao. I hope everyone will like it!
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