1. How to apply for trademark change? To prepare the application documents, the application documents that should be submitted are: Change application (select the form according to the specific content of the application); Applicant’s identity document ( Copy of business license, ID card, etc.); If you are entrusting an agent, submit the "Letter of Agency"; if you apply directly in the acceptance hall, submit a copy of the handler's ID card; If you apply to change the name of the registrant, you must also submit it to the registration authority. Proof of change; (2) If the application documents are entrusted to a trademark agency, the trademark agency shall deliver the application documents to the Trademark Office. (3) Payment of change fees If a trademark agency is entrusted to handle the application, the applicant shall pay the change fees and agency fees to the trademark agency. The change fees collected by the Trademark Office will be deducted from the advance payment of the trademark agency. The fees for trademark change will vary depending on the trademark classification. Please check the trademark website. Official answer: 1. When transferring a registered trademark, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods together. 2. One month after the transfer application is submitted, the Trademark Office will send the "Notification of Acceptance" to the transferee by mail according to the address filled in the application form, and at the same time, copy the transfer trademark to the registrant's address recorded in the Trademark Office. Send a "Notice of Acceptance". 3. If the transfer application does not comply with legal requirements, the Trademark Office will notify the applicant in writing by mail to make corrections within a time limit according to the address filled in on the application. 4. After the transfer application is approved, the Trademark Office will send the transfer certificate to the transferee by mail according to the address filled in the application form, and publish an announcement on the transfer of the trademark. The date of signature on the certificate is the date of announcement, and the assignee shall enjoy the exclusive right to use the trademark from that date. 5. If the transfer application cannot be approved for other reasons, the Trademark Office will notify the applicant in writing by mail according to the address filled in the application form. (1) Change of the name and address of the registrant or applicant. According to relevant laws and regulations, after the name or title of a natural person, legal person or other organization is changed, certain procedures must be completed in order to inherit its trademark rights. Otherwise, when the registrant exercises its rights, it cannot effectively prove that the trademark is owned by itself, and its trademark exclusive rights cannot be protected in a timely manner, because the law only recognizes that the original registrant has trademark rights. However, this change is limited to the change of the registrant's title and address, and has nothing to do with the content of the trademark right. This change occurs when the trademark belongs to the same registrant, and there is no transfer of trademark rights. As a result, the registrant The name has changed, but the trademark power is continuous. (2) Change of Trademark Agent According to Article 23 of the Trademark Law and Article 17 of the Implementation Regulations of the Trademark Law, if a registrant or applicant needs to change his trademark agent, he may submit a request to the Trademark Office to change the trademark agent. Agent application. After the trademark agent is changed, the Trademark Office will notify the registrant or applicant through the changed trademark agent regarding matters such as rejection of the trademark or application, registration objections, disputes, and cancellation applications for suspension of use for three consecutive years. The application to change the agent is only applicable to the change of agent for a registered trademark or registration applicant. For changing the agent for opposition defense and review defense, an application should be made to the relevant department specifically. (3) Deletion of goods or services Deletion of goods or services falls within the scope of changing other registration matters stipulated in Article 23 of the Trademark Law. The registrant or applicant may submit an application for deletion of goods/services "Book" to delete specified goods or services.
It should be pointed out that since Article 46 of the "Regulations for the Implementation of the Trademark Law" adds the content of partial cancellation, the cancellation of some goods or services only applies to registered trademarks. Therefore, for registered trademarks, deletion of goods or services can also be done through Cancellation procedures are handled; for registration applications, deleting goods or services can also be done by withdrawing the trademark registration application and withdrawing the goods or services that need to be deleted; the above-mentioned cancellation applications and trademark registration withdrawal applications do not require payment of any trademark regulations. In this sense, an application for deletion of goods or services, as a type of change application, can be completely replaced by a partial cancellation application and a partial withdrawal application. (4) Correction of trademark application or registration matters If the registrant or applicant finds that there are obvious errors in his trademark application documents or registration documents, he can apply for correction. To apply for correction, he should fill out the "Application Form for Trademark Application/Registration Matters". According to Article 36 of the Trademark Law, such corrections do not involve the substantive content of trademark application documents or registration documents, that is, changes to drawings, additions or deletions of goods or services, or changes in rights holders are all inappropriate. What is allowed is generally limited to printing errors caused by the negligence of the applicant or agent. 2. Trademark unfair competition (1) What is trademark unfair competition? Unfair competition is when the other party wants to register a trademark similar to that of the original trademark holder in the same industry and field to sell in the same market. Trademark infringement is the imitation of someone else's registered trademark to sell the same product. The two are somewhat similar. Unfair competition is restricted by the Anti-Unfair Competition Law, and trademark matters are restricted by the Trademark Law. (2) Components 1. The main actor is an operator. An operator is a legal person, other economic organization and individual engaged in commodity operation and profit-making services. The operator mentioned here refers to the entity engaged in business activities, regardless of whether he or she has legal qualifications or capabilities. The subjects mentioned here include general subjects and special subjects, the latter including illegal operators and the government and its departments. 2. There is unfair competition. If our country wants to change a trademark, then the party concerned must definitely apply, and the scope of the change has legal provisions. For example, the commodity inspection products, or service items, and trademark agents can be changed. These are different. The specific handling matters have different application procedures stipulated by law.