Trademark transfer refers to the act that a trademark registrant transfers the exclusive right to use a trademark to others within the validity period of a registered trademark in accordance with legal procedures. Trademark transfer generally includes contract transfer, subsequent transfer and transfer due to administrative orders.
processing method
There are two ways to apply for the transfer of a registered trademark:
(1) Entrusting a trademark agency recognized by the state to handle it;
(2) The applicant goes directly to the trademark registration hall of the Trademark Office.
III. Format of handover documents
There is only one file format for transfer, that is, application for transfer/application for registered trademark.
Application steps
Prepare application documents
The application documents to be submitted are:
(1) trademark transfer/registration application
(2) Identification documents of the transferor and the transferee (photocopy)
(3) Submit the power of attorney issued by the transferee for the entrusted agent, and directly submit the original and copy of the ID card of the transferee's agent in the acceptance hall.
(four) to apply for transfer, it shall also submit the relevant documents.
(5) If the application documents are in a foreign language, a Chinese translation signed and confirmed by the translation agency shall also be provided.
(6) Provide the trademark seller's statement from the notary office.
1, fill in one by one according to the requirements on the application form, and it must be typed or printed;
2. To transfer each trademark (each registration number), submit an application 1 copy, which shall be sealed or signed by the transferor and the transferee, and the transferee shall go through the relevant formalities;
3. If the applicant goes directly to the trademark registration hall, in addition to submitting the application, he/she shall also submit copies of the business licenses of both the transferor and the transferee, and affix the official seal of the unit and the original and copy of the ID card of the handler (if applying for transfer, it is not necessary to provide a copy of the identity certificate of the transferor); If the transferee is a natural person, and it is handled by me, just show my ID card and submit a copy of the ID card of the transferor and the transferee. Where a trademark agency is entrusted, a Power of Attorney for Trademark Agency shall also be submitted.
4. When applying for trademark transfer, if the transferee is a natural person, the following matters should be noted:
(1) Individual industrial and commercial households may apply for trademark transfer in the name of the transferee in the name registered in their business licenses, or in the name of the person in charge registered in the licenses. When applying in the name of the person in charge, copies of the following materials shall be submitted:
① ID card of the person in charge;
② Business license.
(2) An individual partnership may file an application for trademark transfer in the name of its business license or the name registered in the registration documents of the relevant competent authorities, and may also file an application for trademark transfer in the name of all partners. When applying in the name of all partners, copies of the following materials shall be submitted:
(1) Partner's ID card;
② Business license;
③ Partnership agreement.
(3) Rural contracted business households may apply for trademark transfer in the name of the contractor, and shall submit copies of the following materials when applying:
① ID card of the signatory;
2 contract.
(4) Other natural persons authorized to engage in business activities according to law may file an application for trademark registration in the name of the business operator listed in the registration documents issued by the relevant administrative authorities, and shall submit copies of the following materials when applying:
(a) the identity card of the operator;
② Registration documents issued by relevant administrative departments.
(5) If the transferee is a natural person when applying for trademark transfer, the scope of goods and services applied for trademark transfer is limited to the business scope approved by the transferee in the business license or relevant registration documents, or to its own agricultural and sideline products.
5. Where a trademark is transferred, if the transferor cannot affix his seal, the transferee shall submit the certificate or legal documents that he has the right to accept the trademark. For example, if an enterprise transfers its trademark due to merger, merger or reorganization, it shall submit the documents of merger, merger or reorganization and the certificate issued by the registration department. The documents of merger, merger or restructuring shall prove that the trademark right is inherited by the transferee, and the registration department shall prove the relationship between the original registrant and the transferee and the actual state that the original registrant no longer exists; Where a trademark is transferred due to a court decision, a legal document issued by the court shall be submitted. The name of the person subjected to execution and the name of the enterprise accepting the trademark on the legal document shall be consistent with the name of the assignor and the assignee in the application.
6. Where the trademark applied for transfer is a * * * * trademark, the following documents shall also be submitted:
A. If a trademark is owned by one person and transferred to more than one person, the name and address of the transferee shall be filled in when filling in the application for transfer, and the name and address of the representative shall be stamped at the seal of the transferee. The names of other * * * owners should be filled in the list of names of other * * * owners after the transfer in the attached page and stamped with the official seal. The addresses of other * * * owners can be left blank.
B. Where a trademark is transferred from several persons to one person, the name and address of the original representative shall be filled in the column of the transferor's name and address when filling out the application for transfer, and the seal of the transferor shall be stamped with the seal of the original representative; The name and address of the transferee shall be filled in the corresponding column and sealed. Before the transfer, the original names of other * * * owners shall be filled in the attached List of Other * * * Owners, and sealed. The original address of other * * * owners does not need to be filled in.
C. If the trademark of a * * * owner is changed (including the increase or decrease of * * * owner), when filling in the application form, the name and address of the original representative shall be filled in the name and address column of the transferor in the application form, and the seal of the transferor shall be affixed with the seal of the original representative, and the names of other * * * owners shall be filled in the list of names of other * * * owners before the transfer in the attached page. The name and address of the transferee in the application form shall be filled with the name and address of the transferee's representative, and the transferee shall affix the seal of the transferee's representative. The names of other * * * people after the transfer shall be filled in the attached List of Names of Other * * * people after the transfer and stamped with the official seal. There is no need to fill in the address of other people in the schedule.
Submit application
1. If the applicant goes directly to the trademark registration hall, after the application is ready, submit it in the acceptance window of the trademark registration hall, and the staff at the window will confirm whether the application is qualified.
2. Where a trademark agency is entrusted, the trademark agency shall serve the application to the Trademark Office.
Pay the transfer fee
The transfer application requires a transfer fee of 1000 yuan.
Where a trademark agency is entrusted, the applicant shall pay the transfer fee and agency fee to the trademark agency, and the transfer fee charged by the Trademark Office shall be deducted from the advance payment of the trademark agency.
Matters needing attention
1. Where a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods together.
2. One month after the application for transfer is submitted, the Trademark Office will send the Notice of Acceptance to the transferee according to the address filled in the application, and send a copy of the Notice of Acceptance to the registrant according to the address recorded by the Trademark Office.
3. If the transfer application does not meet the statutory requirements, the Trademark Office will notify the applicant in writing by post to make corrections within a time limit according to the address filled in the application.
4. After the transfer application is approved, the Trademark Office will mail the transfer certificate to the transferee according to the address filled in the application, and make an announcement on the transfer of the trademark. The date of signature on the certificate is the date of announcement, and the transferee enjoys the exclusive right to use the trademark from that date.
5. If the application for transfer cannot be approved for other reasons, the Trademark Office will notify the applicant in writing by post according to the address filled in the application.
6. If the transferee in the transfer application is owned by more than one person, the relevant notice or certificate of the Trademark Office will only be sent to the representative. Other * * * people who need proof shall apply for a replacement.
7. If the applicant entrusts a trademark agency to handle the transfer application, the Trademark Office will not have any direct contact with the applicant, and all documents will be sent to the trademark agency.
8. The category of application shall be filled in according to the international classification approved by the Trademark Registration Certificate.
9. Matters needing attention for natural persons applying for trademark registration
According to Article 4 of the Trademark Law of People's Republic of China (PRC), a natural person who is engaged in the production, manufacture, processing, selection and distribution of goods or provides services and needs to obtain the exclusive right to use a trademark shall apply to the Trademark Office for trademark registration. To apply for trademark registration and transfer in the name of a natural person, in addition to submitting the application for trademark registration, trademark patterns and other materials in accordance with the relevant provisions, the following matters should also be noted:
(1) Individual industrial and commercial households may apply for trademark registration in the name of the applicant, or in the name of the person in charge of licensing registration. When applying in the name of the person in charge, copies of the following materials shall be submitted:
① ID card of the person in charge;
② Business license.
(2) An individual partnership may file an application for trademark registration in the name of the applicant or all the partners. When applying in the name of all partners, copies of the following materials shall be submitted:
(1) Partner's ID card;
② Business license;
③ Partnership agreement.
(3) Rural contracted business households may file an application for trademark registration in the name of the contractor, and shall submit copies of the following materials when applying:
① ID card of the signatory; 2 contract.
(4) Other natural persons authorized to engage in business activities according to law may file an application for trademark registration in the name of the business operator listed in the registration documents issued by the relevant administrative organs, and shall submit copies of the following materials when applying: ① the identity card of the business operator;
② Registration documents issued by relevant administrative departments. (5) The scope of goods and services for which a natural person applies for trademark registration is limited to the business scope approved by the natural person in the business license or relevant registration documents, or the self-operated agricultural and sideline products.
(6) The Trademark Office will not accept an application for trademark registration that does not conform to Article 4 of the Trademark Law, and notify the applicant in writing.
Where the applicant provides false materials to obtain trademark registration, the Trademark Office shall revoke the registered trademark.
(7) If the transferee is a natural person, the application for trademark transfer shall be handled with reference to the above matters.
differentiate
Transferring a registered trademark is different from changing the name of the registrant. When the name of the registrant is changed, the subject of the registered trademark does not change, only the name of the registrant changes. The transfer of a registered trademark means that its subject has changed and the owner of the transferred trademark is no longer the original registrant. The former, for example, if the name of the trademark registrant (enterprise) changes, only the change registration is required; In the latter case, if a trademark registrant (enterprise) converts a partnership enterprise into a limited liability company, although its enterprise name and address have not changed, it has been transformed into a new enterprise legal person in essence and should go through the transfer registration procedures.
After the trademark transfer, the ownership of the trademark has changed. After the change of company name or address, the ownership of the trademark has not changed. Trademark change also requires that all trademarks registered by the registrant must be registered for change together. The transfer of registered trademarks can be handled separately, unless there are trademarks to be transferred similar to other untransferred trademarks that need to be transferred together, and others do not need to be transferred together.