Trademark transfer requires the following information:
(1) Preparation of application documents
1. The application documents to be submitted are:
(1) assignment/assignment application/registered trademark application;
(2) A copy of the qualification certificate of the transferor and transferee confirmed by seal or signature;
(3) The power of attorney issued by the assignor and assignee entrusted by the trademark agency, and the original and photocopy of the ID cards of the agents of both parties shall be handled directly in the trademark registration hall (the original shall be returned after comparison);
(four) to apply for transfer, it shall also submit the relevant certification documents or legal documents;
(5) If the application documents are in a foreign language, a Chinese translation signed and confirmed by the applicant or agency shall also be provided.
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(1) Fill in one by one according to the requirements in the application, and it must be typed or printed; If the transferor or transferee is a natural person, fill in the ID number after the name;
(2) For the assignment of each trademark (each registration number), an application form 1 copy shall be submitted, which shall be sealed or signed by the assignor and the assignee, and the assignor and the assignee shall jointly handle the relevant formalities;
(3) If the applicant goes directly to the trademark registration hall, in addition to submitting the application, he shall also submit the subject qualification certificates of both the transferor and the transferee (such as a copy of the business license of the unit and a copy of the identity card of a natural person, etc.). ) and affix the official seal of the unit or the signature of the natural person, as well as the original and photocopy of the ID card of the handler (the transferor does not need to provide a copy of the subject qualification certificate, but should provide the original certificate issued by the relevant competent department); If the transferee or transferee is a natural person, it is enough to show the original ID card and submit copies of both ID cards. Where a trademark agency is entrusted, a power of attorney shall also be submitted.
(4) When applying for trademark transfer, if the transferee is a natural person, the following matters should be noted:
A. Individual industrial and commercial households may apply for trademark transfer in the name of the assignee registered in the business license of individual industrial and commercial households, or in the name of the person in charge registered in the license. When applying in the name of the person in charge, copies of the following materials shall be submitted:
① ID card of the person in charge;
② Business license.
B an individual partnership may file an application for trademark transfer in the name of the transferee in the name of its business license or the name registered in the registration documents of the relevant competent authorities, or in the name of all partners. When applying in the name of all partners, copies of the following materials shall be submitted:
(1) Partner's ID card;
② Business license;
③ Partnership agreement.
C, rural contracting households can apply for trademark transfer in the name of the contractor, and a copy of the following materials shall be submitted when applying:
① ID card of the signatory;
2 contract.
D. Other natural persons who are allowed to engage in business activities according to law may file an application for trademark transfer in the name of the business operator published in the registration documents issued by the relevant administrative departments, and shall submit copies of the following materials when applying:
(a) the identity card of the operator;
② Registration documents issued by relevant administrative departments.
F. If the transferee is a natural person when applying for trademark transfer, the scope of goods and services applied for trademark transfer is limited to the business scope approved by the transferee in the business license or relevant registration documents, or to its own agricultural and sideline products.
From 20 13, some provinces and cities that have carried out the pilot reform of the commercial registration system began to try out the new version of the business license for individual industrial and commercial households. The new version of the business license for individual industrial and commercial households no longer records the business scope information, but sets up an "important tip" column, which states that the business scope of the commercial subject is determined by the application, and the specific information can be inquired on the information platform designated by the registration authority. If the trademark transfer application document containing the above-mentioned new copy of the business license of individual industrial and commercial households is handled by itself in the trademark registration hall, it shall also submit the certification materials about the business scope that have been verified by the transferee's signature or seal and downloaded and printed from the website designated by the registration authority; Where a trademark agency is entrusted to act as an agent, it shall also submit authentic and valid certification materials about the business scope confirmed by the seal of the trademark agency and downloaded and printed from the website designated by the registration authority.
G, for natural person assignee does not meet the above requirements of trademark transfer application, the Trademark Office will not accept and notify the applicant in writing.
If the applicant provides false materials to obtain the trademark right, the Trademark Office shall revoke the approval of the trademark transfer.
(5) Where a trademark is transferred, if the assignor cannot affix its seal, the assignee shall submit the certificate or legal document that it has the right to accept the trademark. For example, if an enterprise transfers its trademark due to merger, merger or reorganization, it shall submit the documents of merger, merger or reorganization and the certificate issued by the registration department. The documents of merger, merger or reorganization shall prove that the trademark right is inherited by the transferee, and the registration department shall prove the relationship between the original registrant and the transferee and the actual state that the original registrant no longer exists. Where a trademark is transferred due to a court decision, a legal document issued by the court shall be submitted. The name of the person subjected to execution and the name of the enterprise accepting the exclusive right to use a registered trademark on the legal document shall be consistent with the name of the assignor and the name of the assignee in the application.
(6) If the trademark applied for transfer is a * * * trademark, the following matters should be noted:
A. If a trademark is owned by one person and transferred to more than one person, the name and address of the transferee shall be filled in when filling in the application for transfer, and the name and address of the representative shall be stamped at the seal of the transferee. The names of other * * * owners should be filled in the list of names of other * * * owners after the transfer in the attached page and stamped with the official seal. The addresses of other * * * owners can be left blank.
B. Where a trademark is transferred from several persons to one person, the name and address of the original representative shall be filled in the column of the transferor's name and address when filling out the application for transfer, and the seal of the transferor shall be stamped with the seal of the original representative; The name and address of the transferee shall be filled in the corresponding column and sealed. Before the transfer, the original names of other * * * owners shall be filled in the attached List of Other * * * Owners, and sealed. The original address of other * * * owners does not need to be filled in.
C. If the trademark of a * * * owner is changed (including the increase or decrease of * * * owner), when filling in the application form, the name and address of the original representative shall be filled in the name and address column of the transferor in the application form, and the seal of the transferor shall be affixed with the seal of the original representative, and the names of other * * * owners shall be filled in the list of names of other * * * owners before the transfer in the attached page. The name and address of the transferee in the application form shall be filled with the name and address of the transferee's representative, and the transferee shall affix the seal of the transferee's representative. The names of other * * * people after the transfer shall be filled in the attached List of Names of Other * * * people after the transfer and stamped with the official seal. There is no need to fill in the address of other people in the schedule.
(7) Where the trademark applied for transfer is a collective trademark or a certification trademark, the following documents shall be submitted in addition to the application:
A. Where a collective trademark is transferred, a trademark transfer contract, a list of collective members, a copy of the transferee's qualification certificate and the trademark use management rules shall be submitted;
B, to prove the trademark transfer, it shall submit the trademark transfer contract, a copy of the transferee's qualification certificate, the transferee's testing ability certificate and the trademark use management rules;
C. Where a collective trademark/certification trademark of geographical indications is transferred, the trademark transfer contract, a copy of the transferee's qualification certificate, the local government or competent department's approval for the transfer of geographical indications, the transferee's supervision and testing ability certificate and the trademark use management rules shall be submitted.
(2) submit an application.
1. directly, the applicant submits the application in the acceptance window of the trademark registration hall.
2. Where a trademark agency is entrusted to act as an agent, the trademark agency shall serve the application to the Trademark Office.
(3) paying the transfer fee
The application is charged by category, and the acceptance fee for the transfer of Class I registered trademarks is 500 yuan RMB.
Where a trademark agency is entrusted, the Trademark Office shall deduct the expenses from the advance payment of the trademark agency.
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