We know that companies often own trademarks, and trademarks can only be completed after registration. But many times, we have a question, that is, can a trademark be transferred to an individual? Many people don't know much about this aspect, so I hope you can transfer the trademark organized for you to your personal name.
1. Can a trademark be transferred to an individual’s name?
According to China’s Trademark Law and related laws and regulations, a company’s trademark can be transferred to an individual, who owns the trademark.
2. Documents required to transfer a trademark to an individual:
1. Trademark agency letter signed or sealed by the trademark transferee;
2. Trademark transfer application signed or sealed by the trademark transferor and transferee;
3. Business license (legal person)/ID card (natural person) copy of the trademark transferee. Self-employed registration certificate;
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4. Copy of business license (legal person)/ID card (natural person) of trademark transferor;
5. Copy of trademark registration certificate/acceptance notice;
6. A copy of the trademark transfer agreement signed or sealed by the transferor and the buyer.
It takes approximately 10 months to complete a trademark transfer. The whole process is application, acceptance, review, announcement and issuance of transfer certificate.
Legal basis: Article 31 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China"
If a registered trademark is transferred, the transferor and transferee shall report to the Trademark Office Submit an application for transfer of a registered trademark. The application procedures for transferring a registered trademark shall be handled by the transferor and the transferee at the same time. If the Trademark Office approves the transfer of a registered trademark, it shall make corresponding confirmation to the transferee and make an announcement.
If a registered trademark is transferred and the trademark registrant fails to transfer the same or similar trademark registered on the same or similar goods, 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, the transfer registration shall be deemed to have been abandoned. When applying for a trademark, the Trademark Office shall notify the applicant in writing.