There is no term for trademark transfer in my country’s trademark law. The standard term is trademark transfer. So below, let me explain to you the process of trademark transfer! 01

Definition of trademark transfer

Trademark transfer: refers to the act of a trademark registrant transferring the exclusive right of a trademark to another party in accordance with legal procedures during the validity period of the registered trademark. 02

Forms of trademark transfer

In our country, the common forms of trademark transfer are:

①Contract transfer: The most common method of trademark transfer, both parties sign a contract , and submit it to the Trademark Office for review. After passing the review, the trademark transfer is successful.

②Succession and transfer: refers to the death or incapacity of individuals and individual industrial and commercial households registered in accordance with the law, and the legal heirs inherit their registered trademarks

③Transfers caused by administrative orders : Trademark transfer that occurs after a trademark ownership decision is made by a court or other public authority 03

Trademark transfer process:

① The buyer and seller sign a "Trademark Transfer Contract/Agreement".

② The trademark holder handles trademark notarization, which is usually completed within 3-5 working days, and obtains the "Trademark Declaration Notarization Certificate".

③ Submit the prepared materials and notarial certificate to the Trademark Office, and then pay the transfer fee (usually 1,000 yuan).

④The Trademark Office will issue the acceptance letter in about 1-2 months and start the review.

⑤The Trademark Office will publish an announcement about 5-8 months after accepting the application and issue a "Certificate of Approval of Transfer of Registered Trademark" to both parties 04

Things to note on trademark transfer

①After both parties sign the contract, it still needs to be submitted to the Trademark Office for review! Only if it passes the review, the trademark transfer contract will be protected by law!

② Don’t trust other people’s trademark certificates. The trademark registration certificate can be forged, or it may be someone else’s trademark registration certificate. When transferring a trademark, you need to check all the information about the trademark. If you have any doubts, It is safest to entrust a trademark agency!

③If the transferor of the trademark has similar trademarks, they should be transferred together. If they are not transferred together, the success rate of the trademark transfer will be affected.

④ If the trademark is transferred by a natural person, if the handwriting does not match, the transfer will fail!

⑤ Enterprise trademark transfer, if the seal on the trademark registration document does not match the seal on the trademark transfer contract, the trademark transfer will also fail. Special reminder