What is the process of trademark transfer and how long will it take? The so-called trademark transfer means that the trademark registrant must transfer the exclusive right to use the trademark to the other party within the validity period of the registered trademark in accordance with legal procedures. The applicant may entrust an organization (trademark agency company) with trademark agency qualification recognized by the State Administration for Industry and Commerce, or go directly to the trademark registration hall of the State Trademark Office.

The trademark transfer process is roughly divided into four steps:

The first step is to determine the scope and status of the target trademark to be transferred. With regard to the scope of assignment of trademarks, the Trademark Law stipulates that identical or similar trademarks on identical or similar goods shall be assigned together. If some trademarks do not need to be assigned together, an application for cancellation of unnecessary trademarks may be filed at the same time as the assignment. Regarding the status of trademarks, valid registered trademarks and trademarks under application can be transferred.

the second step is to submit the trademark transfer application documents to the trademark office. The transfer application documents include: the application for trademark transfer, the qualification certification materials of the transferor and transferee, etc.

The third step is the acceptance and examination by the Trademark Office. After accepting the application for trademark transfer, the Trademark Office will conduct a review. During the review, the examiner may ask for information such as the trademark transfer contract, and the review time is about 6-1 months.

the fourth step is to approve the transfer and make an announcement. The Trademark Office will approve the application for trademark transfer if it considers that it meets the legal requirements, and issue a Certificate of Transfer Approval. Trademark transfer shall take effect from the time of approval of the announcement.

if a registered trademark is transferred in accordance with article 42 of the trademark law, the assignor and the assignee shall sign an assignment agreement and file an application with the trademark office. The transferee shall guarantee the quality of the goods using the registered trademark.

frequently asked questions: trademark transfer transaction process

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