What is the process for trademark transfer? The editor will share with you the compiled trademark transfer process. You are welcome to read it. It is for reference only! What process is required for trademark transfer?
General Generally speaking, trademark transfer needs to go through the following processes and provide relevant materials:
1. The trademark transfer process includes: application, acceptance, review, announcement, and issuance of transfer certificate.
2. Documents required for trademark transfer:
(1) "Application for Transfer and Registration of Trademark";
(2) Transferor and Transferee The person's identity document (copy) (the company is the business license, which needs to be stamped with the official seal);
(3) If you entrust an agent, submit the "Agency Letter" issued by the transferee directly in the acceptance hall The original and copy of the identity card of the person in charge of the transferee shall be submitted for processing;
(4) If applying for transfer, relevant supporting documents shall also be submitted;
(5) Application If the document is in a foreign language, a Chinese translation signed and confirmed by the translation agency should also be provided.
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. How to handle the transfer of a registered trademark
To transfer a registered trademark, the transferor and the transferee should sign a transfer agreement and file an application with the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark. After the transfer of a registered trademark is approved, it will be announced.
The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.
When transferring a registered trademark, the transferor and the transferee shall submit an application for transfer of a registered trademark to the Trademark Office. The application procedures for transferring a registered trademark shall be handled by the transferee. After the Trademark Office approves the application for transfer of a registered trademark, it will issue the transferee a corresponding certificate and make an announcement.
When a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods together; if it is not transferred together, the Trademark Office shall notify the trademark registrant to make corrections within a time limit. ; If no correction is made upon expiration of the time limit, the application for transfer of the registered trademark will be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
For applications for transfer of registered trademarks that may cause misunderstanding, confusion or other adverse effects, the Trademark Office will not approve the application and will notify the applicant in writing and explain the reasons. What are the methods of trademark transfer?
Trademark transfer refers to the act in which the owner of a registered trademark transfers the exclusive rights of his trademark to others during the validity period of the registered trademark in accordance with legal procedures. After transfer, the transferor loses the ownership of the trademark, and the transferee obtains the exclusive right to use the trademark and becomes the owner of the trademark.
According to the relevant provisions of my country’s Trademark Law, the transfer of registered trademarks generally takes the following forms:
1. Contract transfer
The transferor stipulates through a contract Transferring the contents of a registered trademark, mutual rights, obligations and liability for breach of contract, etc. This form of transfer is generally paid, that is, the transferor charges a certain transfer fee by transferring the exclusive right to the registered trademark.
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. What are the restrictions on the transfer of registered trademarks
1. Trademarks used for two similar goods may not be transferred separately. When the trademark registration specifies that the trademark can be used for two or more goods, if they are non-similar goods, the trademark for each goods can be transferred separately, but if they are similar goods, the trademark should be transferred entirely. Allowing such trademarks to be divided and transferred would violate the provisions of the Trademark Law, causing two trademark registrants to use the same trademark on similar goods at the same time, resulting in confusion of goods from different manufacturers.
2. The joint trademark cannot be divided and transferred. A joint trademark is a series of trademarks used by the same trademark owner based on business needs. It has similar characteristics.
If one of the joint trademarks is allowed to be transferred separately, it will also happen that two trademark owners use similar trademarks on the same goods, causing confusion about the source of the goods.
3. Trademarks that are jointly owned by one owner shall not be transferred by one owner without the consent of other parties. Registered trademarks belong to two or more people. Sometimes, if each owner wants to transfer his or her share of the rights and interests, he or she must obtain the consent of the other owners.
4. Trademarks that have been licensed to others for use may not be transferred at will. If the trademark registrant has licensed others to use the trademark, if the exclusive right is transferred to a third party during the license period, the consent of the licensee must be obtained; and the transfer registration can only be processed after the original license contract is terminated.
5. If the legal procedures are not followed when transferring a registered trademark, the transfer will be invalid. The transfer of trademark rights is a formal legal act, and its establishment must be in the form required by law. If a party transfers a registered trademark on its own initiative, it shall be deemed invalid, and the Trademark Office may order the party to make corrections within a time limit or cancel its registered trademark.
The above is the trademark transfer process provided by the editor. I hope you will like it! Transfer process trademark transfer