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Can a trademark be transferred to an individual’s name?

Trademarks can be transferred to an individual's name; according to my country's Trademark Law and related laws, a company's trademark can be transferred to an individual, who will hold the trademark. Documents required to transfer a trademark to an individual:

1. Trademark agency letter signed or stamped by the trademark transferee;

2. Signed or stamped by the trademark transferor and transferee Trademark transfer application with a stamp;

3. Copy of the trademark transferee’s business license (legal person)/ID card (natural person), individual industrial and commercial household registration certificate;

4. Copy of the trademark transferor's business license (legal person)/ID card (natural person);

5. Copy of trademark registration certificate/acceptance notice;

6. Transferor and transferee A copy of the trademark transfer agreement signed or stamped by the transferor.

It takes about 10 months to complete the trademark transfer. The entire process includes application, acceptance, review, announcement, and issuance of transfer certificate.

What are the principles that should be followed in the transfer of trademark rights?

First, a trademark rights transfer contract and a trademark right use license contract concluded on the basis of equality, voluntariness and consensus through consultation are beneficial to both parties. Legally binding; any party to the contract shall perform its obligations stipulated in the contract seriously and comprehensively, and shall not refuse to perform or incompletely perform for other reasons. Except as otherwise provided by law.

Second, the transferee of a contract for the transfer of a registered trademark shall ensure the quality of the goods using the registered trademark, and shall not use the registered trademark as a cover for the manufacture and sale of counterfeit goods.

Third, 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.

Fourth, the licensor in a trademark license contract should 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. Otherwise, the licensor has the right to terminate the trademark license contract.

Legal Basis

"Trademark Law of the People's Republic of China" (2019 Amendment)

Article 41 If a registered trademark requires a change of registrant If the name, address or other registration information is changed, an application for change shall be submitted.

Article 42: When transferring 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.

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.