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How to transfer Class 35 trademarks

1. Trademark transfer is the act of a trademark registrant giving away, selling or transferring his registered trademark to others for exclusive use. To transfer a registered trademark, the transferor and the transferee must simultaneously apply to the trademark authority for transfer registration or evaluation within 6 months after the transfer. Some countries stipulate that the transferred trademark must be transferred together with the enterprise. my country does not provide for the transfer of trademarks together with enterprises, but it stipulates that the transferee should ensure the quality of the goods using the transferred trademark. Trademarks can also be used as investments to price shares.

2. Trademark transfer needs to be handled at the Trademark Office. The process includes: application → acceptance → review → announcement → issuance of transfer certificate.

The buyer and seller sign a "Trademark Transfer Contract/Agreement".

Trademark holders handle trademark notarization, which usually takes 3-5 working days to complete and obtain the "Trademark Declaration Notarization Certificate".

Submit the prepared materials and notarial certificate to the Trademark Office, and then pay the transfer fee (usually 500 yuan).

The Trademark Office will issue the acceptance letter in about 1-2 months and start the review.

The Trademark Office will publish an announcement about 5-8 months after accepting the application and issue a "Certificate of Approval of Transfer of Registered Trademark" to both parties.

Required materials

"Application for Transfer of Trademark/Registered Trademark" (need to be signed or stamped by both parties)

Trademark signed by the transferor and the transferee Transfer agreement or contract

Identity documents of the transferor and transferee (licenses should be provided if they are legal persons)

The registered trademark certificate

Notary office Notarial certificate of trademark declaration (subject to the requirements of the Trademark Office)

If you request an agency to operate, you need to provide the original and copy of the person in charge

If the application documents are in a foreign language, you should also provide the manager Chinese translation signed and confirmed by the translation agency

Note:

1. After the trademark transfer is completed, the transferee shall enjoy the exclusive right to use the trademark from the date of announcement. It will be illegal if the original trademark registrant continues to use the trademark for goods without permission.

2. A notarial certificate is not required for every trademark transfer. It depends on the requirements of the Trademark Office. However, generally speaking, if the transferred trademark is of high value or there are questions during the review process, the Trademark Office will generally A notarial certificate is required. At this time, both the transferee and the transferee need to go to a notary office for notarization.