Many friends want to handle the transfer of well-known trademarks. What is the general process for the transfer of well-known trademarks? The editor has brought you relevant knowledge about the transfer of well-known trademarks. Perhaps this There's just what you need. Can well-known trademarks be transferred?

Well-known trademarks are also a type of trademark. Our country also has legislative protection for well-known trademarks. If someone infringes a well-known trademark, you can protect your rights according to law, then the well-known trademark can be transferred ? According to the relevant provisions of the Trademark Law, well-known trademarks can be transferred. The transfer process of well-known trademarks specifically includes the following aspects:

1. Application;

2. Acceptance;

3. Review;

5. Issuance of transfer certificate.

Trademark transfer takes about 6-10 months. How much does it generally cost to transfer a well-known trademark

Trademark transfer fees generally include two parts:

1. Trademark transfer acceptance fee: The fee for applying to transfer a trademark is 1,000 yuan, and the acceptance fee is direct Pay it to the National Trademark Office, and the National Trademark Office will charge an official fee of 1,000 yuan;

2. Trademark transfer agency fee: If you entrust an agency, you will also need to pay a certain agency fee. Notes on well-known trademark transfer agreements

According to the relevant provisions of our country’s laws and combined with judicial practice. When signing a trademark transfer agreement or trademark transfer contract, you should pay attention to the following points:

1. Understand the attributes of the transferred trademark

You must clearly understand the identity of the transferred trademark. ?Register a trademark? or?Apply for a trademark? Because only a registered trademark has the exclusive right to use a trademark, while applying for a trademark only has the right to apply first.

2. Issues that should be paid attention to when transferring registered trademarks

(1) Illegal transfer issues

The so-called illegal transfer of registered trademarks means that the transferor of the registered trademark is not The owner of the registered trademark either cannot represent all trademark owners, or secretly transfers the registered trademark through improper means such as concealment, fraud, forgery, etc. without the consent of the registered trademark owner. Due to the objective loopholes in the existing trademark transfer procedures, it is not difficult to do such a thing. Although it is entirely possible to solve and protect the interests of the trademark rights holders through legal channels afterwards, the heavy losses suffered by the parties will be irreparable. of.

(2) The issue of invalid transfer

The so-called invalid transfer means that the transfer of a registered trademark does not comply with the restrictions stipulated in the trademark law. Although both parties to the trademark transfer have signed a trademark transfer agreement, And Party B has also paid the trademark transfer fee, but the registered trademark transfer application cannot be approved by the State Trademark Office at all. Therefore, the transfer of the trademark is invalid because the trademark cannot be approved for transfer, so the owner of the trademark remains unchanged. .

Since the National Trademark Office takes at least half a year to review the transfer of a registered trademark, it can take up to more than a year. In addition, after the transferor and the two parties sign a trademark transfer agreement, they need to pay the transfer fee and prepare the relevant trademarks. Transfer application documents, mail and print, etc. Therefore, after the trademark transfer agreement is signed, the transferee cannot immediately determine whether the transferred trademark can be approved for transfer and registration by the State Trademark Office, and it will take at least six months to do so

(3) The issue of partial transfer

The so-called partial transfer means that the transferor of a registered trademark does not transfer other similar similar trademarks related to the transferred trademark rights to the trademark transferee, but retains them intentionally or unintentionally. Or conceal some similar trademarks that are similar to the transferred trademark. After the trademark is transferred, the transferor can still use other trademarks that are similar to the transferred trademark, causing substantial harm to the trademark transferee.

(4) The problem of concealing the rights and interests of the transferred trademark

When transferring the trademark, the trademark transferor concealed that the trademark had been licensed to others and pledged for debt before the transfer. , transfer and other issues, which affect the rights and interests of the trademark transferee after the trademark is transferred. Can a trademark transfer application be withdrawn?

According to legal provisions, before the Trademark Review and Adjudication Board makes a decision or ruling, the applicant may withdraw its review application by stating the reasons in writing to the Trademark Review and Adjudication Board. If the applicant withdraws the review application, the trademark review process will be terminated. After withdrawing the trademark review application, the applicant shall not file another review application based on the same facts and reasons.

1. If you entrust a trademark agency to handle the trademark transfer procedures, just let the agency handle the withdrawal procedures. But you need to cooperate with some materials, such as signing. If you don’t know the reason for withdrawing, just ask the agency to help you figure it out. These agencies are very professional.

2. If you handle the transfer yourself, you should explain the reason for withdrawing the transfer. The reasons should be as full as possible. It is best to have the transferor and the transferee sign the reason letter together. Then send it to the Trademark Office. What pitfalls should you pay attention to when transferring well-known trademarks?

Looking at the current trademark practice, my country’s Trademark Law and Implementing Regulations only give the Trademark Office the power to approve trademark transfer applications, but do not also stipulate its responsibilities for improper approval behaviors. . Due to the lack of proper supervision of administrative power, administrative agencies often have power but no responsibility. The Trademark Office's power to approve trademark transfer applications is almost unrestricted, providing opportunities for criminals to take advantage of it.

Some criminals take advantage of legal loopholes to forge the seal of the trademark owner, counterfeit the signature of the trademark owner, transfer the registered trademark of others to themselves or a third party designated by them, and file a request with the Trademark Office Apply for relevant procedures and deceive others into appearing "legitimate". After criminals obtain someone else's registered trademark through illegal means, they often transfer or license the trademark to others to earn economic benefits, while the original trademark owner is kept in the dark and suffers huge losses; or they may demand compensation from the original trademark owner. A high reward in exchange for the trademark, and the threat of prosecution for trademark infringement if rejected. If the original trademark owner files a lawsuit to confirm the invalidity of the trademark transfer using them as the defendant, they will run away and not show up in court at all, and the court will not be able to serve them litigation materials, which will bring many difficulties to the court in hearing such cases. At the same time, some rights holders find litigation too troublesome. Not only is it time-consuming and labor-intensive, but they also have to pay legal fees, investigation and evidence collection fees and other litigation expenses. They have no choice but to accept the demands of the lawbreakers and pay them a sum of money to transfer their rights. Transfer the trademark to yourself.

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