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How long does the trademark transfer process usually take?

Trademark transfer process:

1. The trademark transfer process shall be governed by Article 42 of the Trademark Law.

Article 42 If a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and submit applications to the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark.

When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods.

For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons.

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.

Article 43 A trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark.

If you use someone else's registered trademark with permission, you must indicate the name of the licensee and the place of origin of the goods on the goods using the registered trademark.

When permitting others to use its registered trademark, the licensor shall submit its trademark use license to the Trademark Office for record, and the Trademark Office shall announce it. The trademark use license shall not be used against bona fide third parties without registration.

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.

There are three forms of trademark transfer:

1. Contract transfer

The transferor stipulates the content of the transferred registered trademark, mutual rights and obligations through a contract 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 a registered trademark.

2. Succession and transfer

There are two situations for the inheritance and transfer of a registered trademark: (1) After the death of the registered owner (natural person), that is, the end of his life, there is an heir. The inheritance procedure inherits all the registered trademarks owned by the deceased during his lifetime. (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, dissolved or transferred according to administrative orders, the subject of registered trademarks will inevitably change.