We know that enterprises can register trademarks for their own product marks to obtain protection from intellectual property laws, and trademarks can be transferred. So, how long does it take to transfer a trademark? Today, Intellectual Property has compiled the following content to answer your questions and we hope it will be helpful to you.
How long does it usually take to transfer a trademark?
1. The time from the National Trademark Office receiving the transfer application documents to issuing the transfer acceptance notice is 1-2 months;
2. From the time it receives the transfer acceptance notice Within 4-6 months, the State Trademark Office will review the trademark proposed for transfer;
3. After passing the review, an approval announcement will be published and a "Certificate of Approval of Transfer of Registered Trademark" will be issued;
4. The time required for trademark transfer is ***6-12 months.
The latest version of the trademark transfer process in 2022
According to the "Announcement on Simplifying the Application Materials Optimization Workflow and Shortening the Review Cycle" issued by the Trademark Office of the State Intellectual Property Office in February 2018, changes and Renewal has already been "officially announced" to merge the document review and review process, and cancel the process of issuing acceptance notice, but transfer has not been included in this list.
Intellectual Property has learned that according to the latest official information: the issuance of acceptance notices for trademark transfer applications has been cancelled, and the application process has been streamlined to:
This means that if you receive it in the future The payment notice means that the transfer has passed the review and can be approved.
Article 42 of the "Trademark Law" stipulates that when a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and file an application with 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.
Materials required for trademark transfer:
1. Company transfer:
(1) Transferor: copy of business license; official seal; both parties Agreement; entrustment agreement; trademark registration (acceptance) certificate.
(2) Assignee: copy of business license; official seal; agreement between both parties; entrustment agreement.
2. Transfer from company to individual:
(1) Transferor: copy of business license; official seal; mutual agreement; entrustment agreement; trademark registration (acceptance) certificate.
(2) Transferee: ID card; copy of individual business license; signature; agreement between both parties; entrustment agreement.
3. Transfer from individual to individual:
(1) Transferor: ID card; signature; mutual agreement; entrustment agreement; trademark registration (acceptance) certificate.
(2) Transferee: Copy of business license of individual industrial and commercial household; official seal; agreement between both parties; entrustment agreement.
The process of trademark transfer can be simply divided into the following five steps: application → acceptance → review → announcement → issuance of transfer certificate. Of course, this refers to the normal situation. As for some minor incidents, it is another matter, such as corrections and so on. Among these five steps, only the application requires both the transferor and the transferor to submit materials, and the rest is a matter for the Trademark Office.
During the process of submitting an application, both parties to the transfer must provide some information. If you go directly to the Trademark Office, just provide the following information:
1. Transferor and The transferee's identity document (copy)
2. An "Application for Trademark Transfer", which should be stamped with the seals of the applicant and the transferee;
3. When applying for transfer, relevant supporting documents should also be submitted
If it is handled by an agency, a "Trademark Transfer Power of Attorney" stamped with the official seal of the transferee must also be submitted.
A few other things to note are the trademark transfer contract. It is best to submit this together, although this is not necessary. It is also best to have it notarized, which can save a lot of trouble. Of course, if there is mutual trust, this material does not need to be submitted.
After submitting the application, this process will be handled by the Trademark Office. In the past, it usually took 6-8 months to complete the transfer process, but according to our actual experience, some cases currently take 10 months to complete. to the trademark transfer approval certificate.
The above is the information shared with you. How long does it take to transfer a trademark? I hope it can be helpful to everyone. If you don’t understand anything, you can consult on intellectual property rights! Registered trademark transfer company trademark transfer trademark transfer materials trademark transfer time