What procedures are required for trademark transfer nowadays? The editor has compiled the procedures required for trademark transfer to share with you. Welcome to read, for reference only!

How to apply for a trademark Transfer procedures

(1) To transfer a registered trademark, 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. 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. ?

(2) When transferring a registered trademark, the transferor and the transferee shall submit an application for transfer of the 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 a corresponding certificate to the transferee and make an announcement.

(3) 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 It shall be corrected within a time limit; if it is not corrected within the time limit, the application for transfer of the registered trademark shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing. The Trademark Office will not approve an application for transfer of a registered trademark that may cause misunderstanding, confusion or other adverse effects, and will notify the applicant in writing and explain the reasons.

Procedural steps for trademark transfer

The first step is to prepare the application documents

The application documents that should be submitted are:

(1) "Application for Transfer/Application for Registered Trademark"

(2) Identity documents (copies) of the transferor and transferee

(3) Submission of the entrusted agent The "Agency Letter" issued by the transferee must be processed directly in the acceptance hall and the original and copy of the ID card of the transferee's handler should be submitted

(4) When applying for transfer, relevant documents must also be submitted. Supporting documents

(5) If the application documents are in a foreign language, a Chinese translation signed and confirmed by a translation agency should also be provided

(6) A notarized certificate of trademark seller’s declaration from the notary office

Second, submit the application documents in one step

1. The applicant goes directly to the trademark registration hall to apply. After the application documents are ready, submit them at the acceptance window of the trademark registration hall. The staff at the window will confirm whether the application documents are qualified.

2. If a trademark agency is entrusted to handle the application, the trademark agency will deliver the application documents to the Trademark Office.

The third step is to pay the transfer fee

A transfer application requires a transfer fee of 1,000 yuan.

If a trademark agency is entrusted to handle the matter, the applicant shall pay the transfer fees and agency fees to the trademark agency. The transfer fees collected by the Trademark Office will be deducted from the advance payment of the trademark agency.

Things to note when handling trademark transfer procedures

Concerning the handling of trademark transfer, you need to pay attention to the following:

(1) The transfer of a registered trademark must be between the transferor and the transferor. After the transferee signs the "Transfer Agreement", he must also go to the State Trademark Office to apply for approval. Only after the State Trademark Office approves the transfer, the transferee can officially obtain the exclusive right to use the trademark;

(2 ) Identical or similar trademarks registered on the same or similar goods shall be transferred together, otherwise, the Trademark Office will be deemed to have given up the transfer application;

(3) After the Trademark Office accepts the transfer application, for If it complies with legal provisions, it will be approved; if it does not, it will not be approved.

In practice, some companies sign a "Trademark Transfer Agreement" with others. After paying the transfer fee and using the trademark or obtaining the other party's "Trademark Registration Certificate", they do not go through the trademark transfer approval procedures. . Failure to obtain transfer approval procedures from the Trademark Office means that the trademark ownership is still in the name of the transferor, and the transferor is still the exclusive owner of the trademark in law, and the transferee has not obtained legally recognized trademark ownership. Therefore, after entering into the "Trademark Transfer Agreement", you must apply for trademark transfer and obtain the "Registered Trademark Transfer Certificate" issued by the Trademark Office. Otherwise, this will be a huge legal risk for the transferee.

Who has more advantages between trademark transfer and trademark licensing?

Trademark licensing, as the name suggests, allows others to use the trademark for a certain period of time. The trademark still belongs to the trademark owner. ; And trademark transfer is equivalent to buying the trademark, and the ownership rights belong to the successful purchaser. In terms of the time to obtain the trademark, trademark transfer has advantages over trademark registration and trademark licensing.

The act of selling a trademark to others through buying and selling is called trademark transfer in trademark law. Trademark transfer has three advantages that trademark licensing and trademark registration do not have: it is short in time. Trademark transfer usually takes about half a year, which is longer than trademark licensing, but the time taken is basically half that of self-registration. The risk is small, specifically the risk of obtaining the right to use the trademark. On the one hand, since trademark transfer involves buying and selling an approved trademark, there may be fewer uncertainties such as similar and overlapping trademarks compared to self-registered trademarks. On the other hand, it can also prevent the trademark and brand benefits generated by trademark licensing from being used by others, and avoid making wedding dresses for others. The third advantage is to directly own the trademark, which is also the most important advantage. Compared with trademark licensing, trademark transfer allows you to directly obtain a registered trademark instead of obtaining the right to use the trademark for a certain period of time. This also prevents the brand benefits generated during the use of the trademark from being stolen by others.

Trademark transfer has benefits that cannot be touched by trademark licensing and trademark registration. It is more convenient and faster than trademark registration, and faces fewer risks than trademark licensing. Because the well-known struggle between Wanglaoji and Jiaduobao is a dispute caused by trademark licensing. Therefore, in order to avoid similar situations like the above, if merchants hope to develop their own brands wholeheartedly and generate corresponding brand benefits, in addition to registering their own trademarks, trademark transfer is the best choice.

The above is the procedure required for trademark transfer provided by the editor. I hope you will like it!

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