At present, many companies handle the transfer of trademarks. What are the procedures and expenses for the transfer of trademarks? What are the precautions for trademark transfer? Xiaobian brought it to you? Trademark transfer process and cost? Related knowledge, which may be what you need. Procedures and expenses for trademark transfer
Step 1, prepare application documents
The application documents to be submitted are:
(1) Application for Transfer/Registration of Trademark
(2) Identification documents (photocopies) of the transferor and transferee
(3) Entrusting an agent to submit the Power of Attorney issued by the transferee directly in the acceptance hall. Relevant supporting documents should also be submitted
(5) If the application document is in a foreign language, a Chinese translation confirmed by the signature of the translation agency should also be provided
(6) A notarial statement from the trademark seller of the notary office should be provided
Second, the application should be submitted step by step
1. If the applicant goes directly to the trademark registration hall to handle it, the application should be submitted at the acceptance window of the trademark registration hall after it is ready, and the staff at the window will confirm the application.
2. If a trademark agency is entrusted to handle the matter, the trademark agency shall serve the application to the Trademark Office.
Step 3: Pay the transfer fee
A transfer application needs to pay the transfer fee, 1 yuan.
if it is entrusted to a trademark agency, the applicant shall pay the transfer fee and agency fee to the trademark agency, and the transfer fee charged by the trademark office shall be deducted from the advance payment of the trademark agency. What are the precautions for trademark transfer
The same or similar trademarks registered on the same or similar goods must be transferred together. This is to avoid the confusion of product sources caused by division 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 consent of the licensee is required. This is because the license contract can't be transferred with it, and you can't apply for transfer registration without canceling the license contract. After the transfer of registration, the transferee may continue to sign a license contract with the original user if he 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 is 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. Main contents of a trademark assignment contract
(1) Names, domiciles and legal representatives of the assignor and assignee;
(2) Basic information about the transferred registered trademark, including: trademark design, name, date of registration, date of next renewal, and goods or services included in the registration of the trademark;
(3) transfer fee and payment method;
(4) the rights and obligations of the trademark assignor;
(5) the rights and obligations of the trademark assignee;
(6) the effective mode and time of the contract;
(7) termination of the contract;
(5) Liability for breach of contract and signature of both parties. What are the main forms of trademark transfer?
the transfer forms of registered trademarks include contract transfer and inheritance transfer.
Contract assignment refers to the assignment of a registered trademark between the assignor and the assignee by signing an assignment contract.
Inheritance and transfer refers to the death or incapacity of individuals and legally registered individual industrial and commercial households, and their registered trademarks are inherited by the legal heirs.
in practice, a large number of registered trademarks are transferred and registered by contract. To transfer a registered trademark, certain procedures should be performed according to law, and the transfer registration can only take effect after it is approved by the Trademark Office. Transferring a registered trademark without going through the relevant formalities with the Trademark Office is an act of transferring a registered trademark by itself. According to the provisions of Article 44 of the Trademark Law, it will be subject to administrative punishment, and in serious cases, the registered trademark may be revoked.
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