Legal procedures to be performed when transferring a registered trademark. In China, after the assignor and the assignee have reached an agreement on the assignment of a registered trademark, they should apply to the Trademark Office together.

The specific process is as follows:

(1) Fill in the Application for Transfer of a Registered Trademark. The application shall be in the form prescribed by the State Administration for Industry and Commerce, indicating the number and name of the transferred trademark, the name and address of the transferor, the name and address of the transferee, and the business license number, and stamped with the seals of both parties. (For the transfer of each trademark (each registration number), an application shall be submitted, and the transferor and transferee shall affix their seals or signatures, and the transferee shall go through the relevant formalities);

(2) Attach relevant documents. When submitting the application for transfer, the original registration certificate, a copy of the contract for applying for trademark transfer and other documents shall be submitted at the same time; Business licenses of the transferor and the transferee, and copies of ID cards (with official seals); The trademark seller of the notary office declares the notarial certificate (stamped with the official seal) (Note: if the Trademark Office has doubts about the authenticity and validity of the trademark transfer, it may request relevant certification documents or notarized copies. Notarization is not necessary, but in order to avoid subsequent troubles, it is necessary to take out 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 for the transfer of a trademark is 1 yuan, and the acceptance fee is paid directly to the State Trademark Office, which collects the official fee of 1 yuan;

2. Agency fee for trademark transfer: If an agency is entrusted, a certain agency fee shall be paid separately.

iii. How long does it take to handle the trademark transfer

Judging from the current review time of trademark transfer, if a notarized Trademark Transfer Application or Trademark Transfer Agreement is submitted at the same time, the Trademark Office will approve the trademark transfer in about 6-1 months and issue the Certificate of Approved Trademark Transfer. If the above notarized materials are not submitted at the time of submission, some can be issued for correction, and the time for approving the transfer is extended accordingly, about 8-12 months.

iv. materials to be provided for trademark transfer

1. power of attorney for trademark agency: if a trademark agency is entrusted, a power of attorney stamped with the transferee's stamp is required. If the assignee outside the mainland wants to apply for trademark transfer in China, it must entrust a trademark agency to do so.

2. Application for Transfer of a Registered Trademark: If an agency is entrusted to apply for trademark transfer, it shall be made by the agency and sealed or signed by both the transferor and the transferee.

3. A copy of the business license of the transferee or the certification documents of institutions, associations and other organizations with legal personality. The transferee is from outside the mainland, so such documents are not needed.

4. Special certification materials:

1) When transferring the registered trademarks used by the transferor for medicines, medical nutritious foods, medical nutritious drinks and baby foods, the transferee shall provide the certification documents of the health administrative department, namely the License for Pharmaceutical Manufacturing Enterprises or the License for Pharmaceutical Trading Enterprises. If the above two certificates have not been obtained, the transferee shall provide the approval documents issued by the health administrative department for the establishment of pharmaceutical manufacturing or trading enterprises; Where the transferor uses the trademark of disinfectant, the transferee shall provide the certificate from the health and epidemic prevention department.

2) In case of transferring the trademarks of cigarettes, cigars and packaged cut tobacco, the transferee shall provide the certification documents approved by the national tobacco authorities for production. Applicants outside the mainland do not need such documents.

3) if an enterprise fails to go through the transfer formalities in time due to merger, separation or merger, and its stamp is invalid, it may not be stamped with the transferor's stamp, but it must provide the valid certification documents of the transferor's competent department or the local administrative department for industry and commerce.

V. Announcement and Certificate Obtaining

1. Application through agency: The Trademark Office will issue an announcement after examination and approval, and the agent will send the Trademark Registration Certificate to the transferee of the assigned trademark.

2. Directly apply for registration and transfer: the Trademark Office will issue an announcement after examination and approval. The transferee of transfer registration shall obtain the certificate from the Trademark Office within three months after receiving the Notice of Transfer Registration, and shall also bring: (1) a letter of introduction to receive the Notice of Transfer Registration; (two) the transferee's identity card and a copy; (three) the original copy of the business license, the copy should be stamped with the stamp of the local industrial and commercial department (four) to receive the "transfer registration notice"; (5) If the name of the transferee changes, a certificate of change issued by the working department shall be attached.

VI. Common legal risks in trademark transfer contracts:

(1) The transferee should pay attention to

1. It should be clearly stipulated in the contract that the transferor legally enjoys the exclusive right to use the trademark for the transferred trademark, and the exclusive right to use the trademark is valid. The trademark registration certificate shall be an annex to the contract. It should be reminded that the transferee cannot only rely on the trademark registration certificate provided by the transferor, but also must investigate whether the transferor is a trademark registrant. In addition, it should be known whether the name address of the trademark registrant is consistent with the name and address on the transferor's business license. If the name and address on the transferor's business license are not consistent with the name and address on the transferred trademark registration certificate, the Trademark Office will reject the transfer application.

2. In order to prevent the confusion and misunderstanding of consumers that different producers or service providers use the same trademark on the same kind of goods or services. It should be clearly stipulated that when the trademark owner transfers his registered trademark, he shall transfer it to the same assignee together with other identical or similar trademarks registered on the same or similar goods or services.

3. According to the current laws and regulations, the subsequent trademark transfer cannot affect the effectiveness of the prior license. The licensee may continue to use the trademark within the validity period of the license, thus adversely affecting the transferee of the transferred trademark. Therefore, the licensing status of trademark rights should be clearly agreed.

4. The transferor shall ensure that during the period of transfer, it will not engage in goods with the same or similar trademarks in the effective registered area of the trademark, nor engage in other activities that compete with the production and sales of the goods.

(II) Both the transferor and the transferee should pay attention to

1. According to the second paragraph of Article 39 of China's Trademark Law, "after the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement. " Since the transferee has not obtained the exclusive right to use the trademark from the signing of the contract to the date of approval and announcement, the rights and obligations of both parties should be clearly stipulated during this period.

2. It should be made clear that when going through the formalities of transferring a registered trademark, both the transferor and the transferee shall submit an application for transferring a registered trademark to the Trademark Office. To sum up, when signing and performing the trademark transfer contract, both parties should have a full understanding of the transferred trademark and go through relevant procedures in strict accordance with the law, so as to avoid legal risks to the maximum extent.