Trademark transfer is an act in which a trademark registrant transfers the exclusive right to use a trademark to another party in accordance with legal procedures during the validity period of the registered trademark. There are three forms of trademark transfer: contractual transfer, inheritance transfer and transfer due to administrative order.

1. Form of trademark transfer

1. Contractual transfer

The two parties to the transfer shall adopt a contract to list out the contents of the registered trademark transfer, mutual rights, Obligations and liability for breach of contract, etc. This is the most commonly used form. The trademark transferor registers the trademark and then transfers the trademark to obtain profits, or the idle trademark holder transfers the trademark to others to obtain profits.

2. Succession and transfer

There are two situations for the inheritance and transfer of a registered trademark:

(1) The death of the registered owner (natural person) After the death of the deceased, the heirs will inherit all the registered trademarks owned by the deceased according to the inheritance procedure.

(2) Succession and transfer when the enterprise as the owner of the registered trademark is merged or merged.

3. Transfer due to administrative order

This form of transfer generally occurs in countries with public ownership. The administrative orders mentioned here are mainly those plans and administrations that cause the transfer of property. For example, if my country's state-owned enterprises are divided, merged, disbanded or transferred according to administrative orders, the subject of registered trademarks will inevitably change.

2. Trademark Transfer Processing Methods

Trademark transfer can be handled by yourself at the Trademark Office, or through a trademark agency, which handles matters such as trademark registration, transfer, and change, and is distributed throughout the country. , providing services to people handling trademark business, but will charge a certain fee.

3. Preparation materials for trademark transfer

To apply for trademark transfer, you must use the unified application form developed and published by the State Administration for Industry and Commerce. The application form can be obtained from the Registration Hall of the Trademark Office. It can also be downloaded online. If a trademark agency is entrusted to handle the matter, it will be provided by the agency.

To apply for trademark transfer, the following documents must be submitted to the Trademark Office:

1. An "Application for Trademark Transfer", which should be stamped with the names of the applicant and the transferee. Seal;

2. "Trademark Transfer Power of Attorney" stamped with the official seal of the transferee;

3. A copy of the transferee's "Business License";

4. Pay trademark transfer application fees as required;

5. If you entrust a professional agency to apply, you will also need to pay part of the fee (the fee is determined by the entrusting agency);

When the Trademark Office is reviewing trademark transfer and handling related procedures, it will send documents to the trademark transfer handler by mail, such as "Notice of Supplement and Correction, Notice of Rejection", etc. However, the postal distribution across the country is uneven, and some areas do not The trademark transfer process may be unsuccessful due to inconvenience in mailing or retrieval, or inability to provide timely feedback, or the transfer process may be unsuccessful due to changes in the address of the trademark transfer handler.