The transfer here refers to the announcement and certification after the trademark transfer, which is part of the trademark transfer process. If the transfer procedure has been completed, you only need to refer to ⑤ announcement to obtain the certificate. If the transfer has not been completed, you need to refer to ①-⑤.
①Trademark transfer process
1. The trademark transfer process includes: application → acceptance → review → announcement → issuance of transfer certificate.
2. Documents required for trademark transfer:
A. "Transfer Application/Registered Trademark Application";
B. Transferor and transferee's Identity document (copy);
C. If you entrust an agent, submit the "Agency Letter" issued by the transferee, and if you apply directly in the acceptance hall, submit the original ID card of the transferee's handler and Copy;
D. If applying for transfer, relevant supporting documents should also be submitted;
E. If the application document is in a foreign language, a Chinese version signed and stamped by a translation agency should also be provided translation.
3. Trademark transfer time: It takes about 6-10 months.
②Transfer method
Applicants can entrust an organization with trademark agency qualifications recognized by the State Administration for Industry and Commerce to act as an agent, or they can go to the Trademark Registration Hall of the State Trademark Office to apply directly. There are nearly 800 nationally recognized trademark agency organizations, distributed in all provinces, autonomous regions, and municipalities across the country.
Applicants should decide based on their own specific circumstances whether to entrust an organization with trademark agency qualifications to handle the transfer of a registered trademark, or to go directly to the Trademark Office. If the applicant is familiar with trademark laws, regulations and related procedures, and the postal service of his usual residence or business place is in good condition, he can go directly to the Trademark Office. If he does not meet the above conditions, it is best to entrust a trademark agency to act as an agent; he has no habitual residence in China or Foreigners or foreign enterprises with business premises applying for transfer registration in China should entrust a trademark agency to handle it on their behalf. In the process of reviewing trademark transfers, the Trademark Office often issues various documents to the applicant, such as notices of correction, notices of rejection, etc. Most of these documents require the applicant to make certain modifications to the original application content and respond. These documents are generally mailed through the post office. In view of the fact that the postal channels in some areas of our country are not very smooth, and some applicants' addresses have changed, applicants often fail to receive documents issued by the Trademark Office, which affects the transfer registration process.
Trademark agents in trademark agency organizations are familiar with trademark laws and regulations, and are proficient in trademark business. They can more accurately understand the intentions of the client and the Trademark Office, and assist the parties to modify the requests issued by the Trademark Office. Accurate revisions are made to the document so that the review of the transfer registration application proceeds smoothly.
③Trademark transfer preparation materials
To apply for trademark transfer, you must use the unified format 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 the trademark transfer application fees as required;
5. If you entrust a professional agency to apply, you will also need to pay some fees (the fees are determined by the entrusting agency);
④Trademark transfer time
1. The Trademark Office will issue a "Certificate of Approval of Transfer of Registered Trademark" within fifteen days after receiving the transfer application.
2. You can receive the transfer "Certificate of Approval of Transfer of Registered Trademark" three to four months from the date of establishment of application. This certificate must be used together with the original Trademark Registration Certificate.
3. The date marked on the "Certificate of Approval of Transfer of Registered Trademark" is the effective date of transfer registration.
⑤Announcement and certification
Application through an agent: After review and approval by the Trademark Office, an announcement will be made and the agent will send the "Trademark Registration Certificate" to the transferee of the transferred trademark.
Direct application for registration transfer: the Trademark Office will issue an announcement after review and approval. The transferee of transfer registration should go to the Trademark Office to obtain the certificate within three months after receiving the "Notice of Transfer Registration". At the same time, he should also bring:
(1) Letter of introduction for receiving the "Notice of Transfer Registration" ;
(2) Transferee’s ID card and copy;
(3) Original copy of business license, the copy should be stamped with the seal of the local industrial and commercial department
(4) Receive the "Transfer Registration Notice";
(5) If the transferee's name is changed, a change certificate issued by the working department must be attached.