Everyone knows that quality is important in the entire wholesale and retail market, but it is really difficult to improve quality. In Hangzhou, many people want to improve the quality of their clothing products by purchasing clothing trademarks. So what should we pay attention to during the Hangzhou clothing trademark transfer process?
1. What is the trademark transfer process in Hangzhou?
According to the relevant laws of our country, when a trademark right is transferred, both parties must sign a transfer agreement and submit an application to the Trademark Office at the same time. After the transfer of the registered trademark is approved, it will be announced.
Trademark Law of the People's Republic of China
Article 42: When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and *** File an application with the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark.
When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods.
For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons.
After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy exclusive rights to the trademark from the date of announcement.
2. What are the precautions for the transfer of Hangzhou clothing trademarks?
1. First, confirm the legal status of the transferred trademark. Registered trademarks that have expired, trademarks that are in the extension period and have not submitted a renewal application cannot be transferred; trademarks that have been frozen by the court and have been pledged and registered with the Trademark Office cannot be transferred (trademarks in pledge registration must be released after the pledge is released) transferable). For trademarks under application, it is necessary to confirm whether the application process has been completed. If the decision or ruling of all rejections has taken effect, the transfer cannot be processed.
2. Most enterprises will sign a trademark transfer agreement when transferring a trademark. However, in China, a transfer agreement is not required for trademark transfer. Instead, the transferor and transferee sign a separate transfer application. . The transfer application should be submitted in the name of the transferee, so the transferee should sign a power of attorney. Clothing trademark transfer
3. The name and address of the transferor on the transfer application should be consistent with the name and address of the registrant or applicant recorded in the Trademark Office files, and the stamp or signature affixed should be consistent with the name and address. The seal or signature used in the original trademark registration application matches.
4. If a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods together; if they are not transferred together, the Trademark Office shall notify them Corrections are required within a time limit; if no corrections are made within the time limit, the application for transfer of the registered trademark will be deemed to have been abandoned. Registration applications that have not yet undergone substantive examination may not be transferred together.
5. When transferring a collective trademark, the transferee should have the corresponding subject qualifications, that is, it should be an organization composed of equal and independent commodity operators or service providers, rather than a single enterprise or individual operation When transferring a certification mark, the transferee shall meet the testing and supervision capabilities stipulated by law and meet the subject qualifications of the certification mark; when transferring a trademark containing a geographical indication or place name, if the transferee is an enterprise outside the region, the transferee shall Ensure that there is no misunderstanding or confusion.
6. Trademark transfer must be approved and announced by the Trademark Office before it can take effect.
The above is about the Hangzhou clothing trademark transfer process? What are the precautions for transferring clothing trademarks in Hangzhou? You must pay attention to the relevant content when transferring a trademark, so that you can transfer the trademark more smoothly and ensure that your company can get on the normal track in time. If you have other questions, you can consult intellectual property rights for detailed information. Hangzhou trademark transfer, clothing trademark transfer, trademark transfer process