Trademark transfer is the act of a trademark registrant giving away, selling or transferring his registered trademark to others for exclusive use. To transfer a registered trademark, the transferor and the transferee must simultaneously apply to the trademark authority for transfer registration or evaluation within 6 months after the transfer. Some countries stipulate that the transferred trademark must be transferred together with the enterprise. China does not provide for the transfer of trademarks together with enterprises, but it stipulates that the transferee should ensure the quality of the goods using the transferred trademark. Trademarks can also be used as investments to price shares.
Materials required for trademark transfer
"Application for Transfer of Trademark/Registered Trademark" (need to be signed or stamped by both parties)
Signed by the transferor and the transferee Trademark transfer agreement or contract
Identity documents of the transferor and transferee (licenses should be provided if they are legal persons)
The registered trademark certificate
Notarized A notarial certificate of trademark declaration (subject to the requirements of the Trademark Office)
If you request an agency to operate, you must provide the original and copy of the person in charge
If the application documents are in a foreign language, you should also provide Provide a Chinese translation signed and confirmed by the translation agency
Note:
1. After the trademark transfer is completed, the transferee shall enjoy the exclusive right to use the trademark from the date of announcement. It will be illegal if the original trademark registrant continues to use the trademark for goods without permission.
2. A notarial certificate is not required for every trademark transfer. It depends on the requirements of the Trademark Office. However, generally speaking, if the transferred trademark is of high value or there are questions during the review process, the Trademark Office will generally A notarial certificate is required. At this time, both the transferee and the transferee need to go to a notary office for notarization.
For trademark notarization, you need to prepare the following materials to the notary office:
Copies of the identity cards or business licenses of both parties to the transfer and the transferee;
Who is the transferor or the transferee? If it is a corporate legal person, the original and copy of the ID card of the legal representative must be provided;
If the transferor or transferee is a corporate legal person, the company's articles of association and shareholders who agree to transfer or transfer the trademark at the shareholders' meeting should be provided The original copy of the meeting resolution;
The transferor’s registered trademark certificate, trademark ownership certificate and trademark pattern original and copy;
For trademarks owned by multiple people, all * **Proof of written consent from someone else;
If a third party has been licensed to use the registered trademark, written proof of the licensee’s consent to the transfer should be submitted.
The above is what information is needed for trademark transfer? What are the steps to prepare trademark transfer materials? Regarding the relevant content, 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, the registered trademark will be registered according to the registrant's address recorded in the Trademark Office. Send a copy of the "Notification of Acceptance". If the transfer application does not comply with legal requirements or cannot be approved, 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. If you have other questions, you can consult Intellectual Property for more details. Trademark transfer materials, trademark transfer time, trademark transfer process