Trademark rights refer to the independent right to use the packaging design or name of goods. Our country’s laws stipulate that trademark rights are not infringed. However, trademark rights are also property rights that can be valued, so trademark rights can be transferred. Trademark transfer is a major matter stipulated in the Company Law. It only needs to be passed by a resolution of the shareholders' meeting, and it must be affixed with the company's official seal. Below is the relevant information that Shangbiao Intellectual Property has found for you.
1. Does trademark transfer require the signature of all shareholders? ?
1. Trademark transfer is a major matter stipulated in the Company Law. It only needs to be passed by a resolution of the shareholders' meeting, and it must be affixed with the company's official seal.
2. Article 105 of the "Company Law": This Law and the company's articles of association stipulate that the company's transfer or transfer of major assets or the provision of external guarantees must be resolved by the shareholders' meeting, the board of directors shall promptly Convene a general meeting of shareholders to vote on the above matters.
2. How to transfer trademark rights? ?
1. Article 31 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China": When transferring a registered trademark, the transferor and the transferee shall submit an application for transfer of a registered trademark to the Trademark Office . The application procedures for transferring a registered trademark shall be handled by the transferor and the transferee at the same time. If 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.
2. If a registered trademark is transferred and the trademark registrant fails to transfer the same or similar trademark registered on the same or similar goods, the Trademark Office shall notify the trademark registrant to make corrections within a time limit; if the trademark registrant fails to make corrections within the time limit, , it shall be deemed as giving up the application for transfer of the registered trademark, and the Trademark Office shall notify the applicant in writing.
The above is the company trademark transfer. Do shareholders need to sign? all content. The transfer of trademark rights is a major matter involving the interests of the company. The Company Law stipulates that when making decisions on these matters, a resolution must be made by the company's shareholders' meeting. However, the transfer of trademark rights stipulated in my country's Trademark Rights Law does not require a resolution by the company's shareholders. Announcement, but there must be a consent letter stamped with the company's official seal. Since there is a consent letter, it means that a shareholders' meeting resolution is required. If you need more trademark consulting advice, please consult Shangbiao’s professional intellectual property consultants.