As people gradually pay more attention to trademarks, the commercial value of trademarks far exceeds their registration value. Therefore, as competition intensifies, malicious registrations and transfers are also emerging one after another. In order to protect the basic rights and interests of trademark rights holders, notarization of trademark transfers is even more important.

1. The need for notarization of trademark transfer

At present, there are generally two types of situations involving the transfer of registered trademarks that require notarization:

The first one is between the parties. The two parties rely on a notary institution to review the authenticity and legality of the transfer due to mutual distrust;

The second type is where the trademark management department believes that there are doubts in the transfer and requires the transferor to provide a notarial certificate.

II. Legal Basis for Notarization of Trademark Transfer

To transfer the exclusive right of a registered trademark, the transferor and the transferee shall sign a transfer agreement and submit an application to the Trademark Office at the same time . However, the transfer is invalid under the following circumstances:

1. The trademark registration certificate expires

It includes two situations, that is, the registered trademark has expired or has been suspended by the Trademark Office because it has stopped using it for three consecutive years. Logout.

2. The transfer changes the text, graphics and combination of the registered trademark without authorization

When the registered trademark is transferred, the original standard sample is changed, causing the trademark to be changed without authorization. Such a trademark is not the original trademark approved and registered by the Trademark Office, and therefore will not be 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 , cannot be changed at will. When notarizing a trademark transfer, if changes are required, you can apply to the Trademark Office for change registration.

4. Transfer of registered trademarks that may cause misunderstanding, confusion or other adverse effects

For some well-known brands that are well known to the public, after long-term use, consumers will Its registered trademark is confusing with its brand. When notarizing such a trademark transfer, in order to protect the interests of the public, the Trademark Office will not approve the transfer application.

5. The trademark registrant has not transferred the same or similar trademark registered on the same or similar goods.

The same or similar trademark registered on the same or similar goods Or similar trademarks should be transferred together, otherwise it is easy to mislead consumers.

3. Review content of trademark transfer notarization

1. Notarization of the identity of the parties involved

Whether it is a notarization of a declaration or a transfer agreement that has obtained the exclusive right to register a trademark Notarization, the identity of the parties is the issue that should be scrutinized most carefully. Especially when the transferor is a natural person, it is necessary to confirm whether the trademark used is valid to prevent commercial fraud.

2. Whether the transferee will use the transferred trademark

The transferee should have its own business premises and be engaged in the production of such goods or services. This notarization confirms whether the trademark will be registered or transferred in bad faith.

When conducting a trademark transfer, the subject qualifications of both parties need to be examined. Therefore, when preparing notarization materials, you should try to have them as complete as possible to ensure the smooth progress of the process. Of course, if you are placing an order for intellectual property rights, there is no need to worry about these issues, just leave them to a professional trademark consultant! Trademark online notarization Trademark transfer notarization