Can a collective trademark be transferred? How to transfer it? The editor has compiled the collective trademark transfer and shared it with everyone. You are welcome to read it, it is for reference only!

Collective trademark Can it be transferred?

(1) A collective trademark does not belong to a single natural person, legal person or other organization, that is, it belongs to a community organization composed of multiple natural persons, legal persons or other organizations, which means that the goods or services originate from a certain Collective organization, this collective can be a specific guild, chamber of commerce and other industrial and commercial groups or other collective organizations. The providers of specific goods or services retreat behind the collective as members of the collective. It embodies its characteristics of "***ownership" and "***use";

(2) Collective trademarks are registered and owned in the name of a collective composed of members, and are registered by each member. A collective right for the same use is reflected in the application for registration of collective trademarks, which requires that only collective organizations with legal personality can apply, because only collective organizations with legal personality can own trademark rights in the independent name of their collective. ;

(3) Collective trademarks are reflected in the use of trademarks, which means that collective organizations usually do not use the collective trademark, but are jointly used by members of the organization; members who are not members of the organization cannot Use; each member has equal rights to use, and there is no affiliation between members; at the same time, the use of collective members must be supervised, and members who violate the rules of use must be dealt with;

(4 ) Uniform rules should be formulated for the registration, use and management of collective trademarks, detailing the rights, obligations and responsibilities of members, as well as the amount and purpose of management fees, and making them public. Collective members should abide by each other and be subject to public supervision. ;

(5) The ownership and right to use a collective trademark shall not be transferred;

(6) When a collective trademark is infringed and a claim for compensation is made, the damages suffered by members of the collective organization shall be included. Loss included;

(7) When a member withdraws from the collective, he can no longer use the collective trademark. When a new member joins, he can use the collective trademark due to his membership status. As a collective trademark, this membership status is not transferable, and the right to use the trademark based on this identity relationship is also not transferable;

(8) Geographical trademarks can be registered as collective trademarks. If a geographical indication is registered as a collective trademark, a natural person, legal person or other organization whose goods meet the conditions for the use of the geographical indication may request to join the group, association or other organization that has registered the geographical indication as a collective trademark. The group, association or other organization The organization shall be admitted as a member in accordance with its articles of association; groups, associations or other organizations that are not required to participate in the registration of the geographical indication as a collective trademark may also use the geographical indication legitimately, and the group, association or other organization has no right to prohibit it.

What information is needed to handle trademark transfer

1. An "Application for Trademark Transfer", which should be stamped with the seals of the applicant and the transferee;

2. "Trademark Transfer Power of Attorney" stamped with the official seal of the transferee;

3. A copy of the transferee's "Business License";

4. Press It is stipulated to pay trademark transfer application fees;

5. If you entrust a professional agency to apply, you will also need to pay some fees (the fees will be determined by the entrusting agency).

Requirements for transferring registered trademarks

Article 25 of the "Regulations for the Implementation of the Trademark Law" stipulates: When a registered trademark is transferred, the trademark registrant shall register the same or similar goods. Identical or similar trademarks shall be transferred together; if they are not transferred together, the State Trademark Office shall notify the trademark to make corrections within a time limit; if the trademark is not corrected within the time limit, the application for transfer of the registered trademark shall be deemed to have been abandoned. The purpose of "transfer" together is to avoid confusion and misunderstanding among the public. If the registered trademark owner only transfers part of the same and similar trademarks, it will create a situation where more than two market entities use two identical and similar trademarks on the same and similar goods, which will lose the ability to distinguish the trademark from different producers or The role of service providers can lead to misunderstanding by consumers and cause market confusion. Of course, if the trademarks registered on the same or similar goods are not identical or similar, they do not fall within the scope of "consolidated transfer".

How to handle trademark transfer

Trademark transfer means that the trademark owner transfers the ownership of the trademark to others, which can be through buying and selling, investing in the trademark or giving it as a gift, etc. Transferred trademarks include those that have been registered as well as those that have been applied for but have not yet been approved for registration. Regarding the procedures for trademark transfer, Article 39 of China’s Trademark Law stipulates that when a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and file an application with the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark. After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement. ?

Article 25 of the "Regulations for the Implementation of the Trademark Law" stipulates that when transferring a registered trademark, the transferor and the transferee shall submit an application for transfer of the registered trademark to the Trademark Office. The application procedures for transferring a registered trademark shall be handled by the transferee. After the Trademark Office approves the application for transfer of a registered trademark, it will issue a corresponding certificate to the transferee and make an announcement. When a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods together; if it is not transferred together, the Trademark Office shall notify it to make corrections within a time limit; if it fails to make corrections within the time limit, If the application for transfer of the registered trademark is deemed to have been abandoned, the Trademark Office shall notify the applicant in writing. For applications for transfer of registered trademarks that may cause misunderstanding, confusion or other adverse effects, the Trademark Office will not approve the application and will notify the applicant in writing and explain the reasons.

The above is the collective trademark transfer provided by the editor, I hope it can be helpful to everyone

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