1. Trademark transfer procedure

Legal procedures that should be performed to transfer a registered trademark. After the transferor and the transferee reach an agreement on the transfer of the registered trademark, they should both submit applications to the Trademark Office.

The trademark transfer procedure is:

(1) Fill in the "Application Form for Transfer of Registered Trademark". The application shall be in the form prescribed by the State Administration for Industry and Commerce, stating the number and name of the transferred trademark, the name and address of the transferor, the name, address and business license number of the transferee, and shall be stamped with the seals of both parties. (One application form should be submitted for the transfer of each trademark (each registration number), and it should be stamped with the seal or signature of the transferor and transferee, and the transferee should handle the relevant procedures);

( 2) Attached are relevant documents. When submitting the transfer application, you should also submit the original registration certificate, a copy of the transfer application trademark contract and other documents; the business license of the transferor and the transferee, and a copy of the ID card (with official seal); the trademark from the notary office Notary declaration of the seller (stamped with official seal) (Note: If the Trademark Office has doubts about the authenticity and validity of the trademark transfer, it can require relevant supporting documents or notarized copies. Notarization is not necessary, but in order to avoid subsequent disputes If you have trouble, get notarization insurance);

(3) Pay the transfer application fee and transfer registration fee.

2. How much is the trademark transfer fee?

1. Trademark transfer acceptance fee: The fee for applying to transfer a trademark is 1,000 yuan. The acceptance fee is paid directly to the National Trademark Office. The Bureau charges an official fee of 1,000 yuan;

2. Trademark transfer agency fee: If you entrust an agency, you will also need to pay a certain agency fee.

3. How long does it take to process a trademark transfer

Judging from the current trademark transfer review time, if you submit an application together with a notarized "Trademark Transfer Application" or " Trademark Transfer Agreement", the Trademark Office will approve the trademark transfer in about 6-10 months and issue a "Trademark Transfer Approval Certificate". If the above notarized materials cannot be submitted at the time of submission, supplements and corrections may be issued, and the transfer approval time will be extended accordingly, about 8-12 months.

IV. Materials required for trademark transfer

1. "Trademark Agency Power of Attorney": If you entrust a trademark agency to act as an agent, you must provide a power of attorney stamped with the transferee's stamp. . If transferees outside mainland China want to apply for trademark transfer, they must entrust a trademark agency to do so.

2. "Application Form for Transfer of Registered Trademark": If you entrust an agency to apply for trademark transfer, it will be prepared by the agency and stamped or signed by both the transferor and the transferee.

3. Copies of the transferee’s business license or certification documents of institutions, associations and other organizations with legal person status. If the transferee is outside the mainland, such documents are not required.

4. Special certification materials:

1) When transferring the transferor’s registered trademark for medicines, medical nutritional foods, medical nutritional drinks and baby food, the transferee needs to provide Certification documents from the health administrative department, namely "Drug Manufacturing Enterprise License" or "Drug Trading Enterprise License". If the above two certificates have not been obtained, an approval document issued by the health administrative department approving the establishment of a pharmaceutical manufacturing or trading enterprise shall be provided; If the transferor uses it as a disinfectant trademark, the transferee must provide a certificate from the health and epidemic prevention department.

2) When transferring trademarks for cigarettes, cigars and packaged cut tobacco, the transferee must provide documents proving production approval by the national tobacco authority. Applicants outside mainland China do not require such documents.

3) If an enterprise fails to complete the transfer procedures in time due to merger, separation or merger and the stamp has become invalid, it does not need to affix the stamp of the transferor, but it must provide a valid certification document from the transferor’s competent department or the local seal. Certification documents from the industrial and commercial administration department.

5. Announcement and Obtaining the Certificate

1. Application through an agent: After review and approval by the Trademark Office, an announcement will be made and the agent will send the "Trademark Registration Certificate" to the transferee of the transferred trademark.

2. Direct application for registration transfer: the Trademark Office will issue an announcement after review and approval.

The transferee of transfer registration should go to the Trademark Office to obtain the license within three months after receiving the "Notice of Transfer Registration". At the same time, he should also bring: (1) a letter of introduction for receiving the "Notice of Transfer Registration"; (2) the transferee ID card and copy; (3) Original copy of business license, the copy should be stamped with the seal of the local industrial and commercial department (4) Receive the "Transfer Registration Notice"; (5) If the name of the transferee is changed, it must be issued by the working department Proof of change.

The Intellectual Property Rights Group is a professional trademark transfer platform, focusing on intellectual property for 14 years. It is a professional agent for trademark transfer, trademark transactions, trademark sales, trademark registration agents, trademark inquiries, etc.

Bajie official website: Trademark transfer