If you want to transfer a trademark, you need to understand the specific handling methods. Both parties must prepare the required materials and certificates, submit the application in advance, and only after review by the relevant departments can the trademark transfer be handled. formalities. So where to go through the procedures for trademark transfer? The following intellectual property rights will be introduced to you in detail.
1. Where can I apply for trademark transfer?
Go to the Trademark Office for trademark transfer. The trademark transfer application and the trademark transfer authorization letter are formatted texts provided by the Trademark Office. The applicant must sign or seal strictly in accordance with the formatted text and cannot modify the format. Adjustment. If one of the parties involved in the trademark transfer is an overseas enterprise, the Chinese translation of the subject qualification certificate should be attached when submitting the subject qualification certificate. Domestic enterprises need to submit a copy of their business license.
2. Which trademarks are not transferable?
(1) A trademark used for two similar goods shall 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 owned jointly by one owner may 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 transfer of a registered trademark fails to comply with legal procedures, 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.
(6) If the trademark transferee deceives consumers by shoddy manufacturing of goods, passing them off as good quality goods during the use of the trademark, the transfer registration may be revoked.
The above is about where to go to apply for trademark transfer? According to the related introduction, trademark transfer also requires payment of a certain fee. The specific fee will be determined based on the relevant circumstances. The trademark transferor must also prepare the materials required for transferring the trademark in advance. If you still don’t understand this, I suggest you consult the intellectual property customer service.