my country’s Trademark Office is the World Trademark Office. The number of trademark applications and registrations is the highest in the world. There are also more and more idle trademarks. The reasons for the increasing number of idle trademarks are: ① Many companies preemptively occupy some trademarks related to themselves. When registering a trademark, for the same trademark, they use the same trademark for their own products that are beyond the scope of their own business. Registered trademarks pave the way for enterprises to expand their business scope in the future, but if they have not been used yet, they are idle trademarks. ② If a professional trademark registrant preemptively registers another person's trademark but has not put it into commercial use, it is an idle trademark. ③ When an enterprise activates a new trademark, the old trademark is still valid but is no longer in use, and is an idle trademark. ④ When registering a trademark, if several product items are selected for a trademark, some of them are rejected, and the remaining product items approved for registration are of no use to the enterprise, resulting in the trademark being unable to be put into commercial use and becoming an idle trademark.
For idle trademarks, the trademark rights can be transferred or eliminated by transfer, donation, cancellation, etc. If the restructured enterprise has not exceeded the one-year transfer period, it should handle the transfer procedures for registered trademarks as soon as possible. If the registered trademark transfer procedures have not been completed within one year from the date of restructuring, anyone may apply to the Trademark Office to cancel the registered trademark.
Trademark transfer process:
(1) Fill in the "Application Form for Transfer of Registered Trademark". The application shall be in the form prescribed by the 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 licenses of the transferor and the transferee, and copies of ID cards (with official seal); the trademark from the notary office Notarization of the seller's declaration (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, please get notary insurance);
How long does it take for trademark transfer? Judging from the current trademark transfer review time, it takes about 6-10 months for the Trademark Office to approve the trademark transfer and issue a " Approval of Trademark Transfer 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.
The risk of transferring a trademark is very small. The transferred trademark itself is a registered trademark that has been approved by the Trademark Office and has been recognized by the Trademark Office, so there is no possibility of the Trademark Office rejecting the trademark due to similarity. To transfer a trademark, both parties only need to file it with the Trademark Office through an agency. The transferee can obtain the trademark registration certificate and own the trademark.