If we want to transfer or transfer our trademark, we must be fully prepared and understand the following points.

The application process for trademark transfer is: application → acceptance → review → announcement → issuance of transfer certificate

In the process of trademark transfer, these application materials are required:

1. "Transfer Application/Registered Trademark Application";

2. Copies of the transferor's and transferee's subject qualification certificates confirmed by seal or signature;

3. If you entrust an agent, you need to submit the "Agency Letter" issued by the transferor and the transferee;

4. Relevant supporting documents or legal documents, such as "Notarization";

5. If the application documents are in a foreign language, a Chinese translation signed and stamped by a translation agency must also be provided.

Trademark transfer takes about 10 months and the official fee is 500 yuan. There are three forms of transfer:

Contract transfer. The transferor stipulates the content of the registered trademark transferred, mutual rights, obligations and liability for breach of contract through a contract. This form of transfer is generally paid, that is, the transferor charges a certain transfer fee by transferring the exclusive right to the registered trademark.

Succession and transfer. There are two situations for the inheritance and transfer of a registered trademark: (1) after the registered owner (natural person) dies, that is, after the end of his life, an heir will inherit all the registered trademarks owned by the deceased according to the inheritance procedure; (2) as the owner of the registered trademark Succession transfer when the enterprise is merged or merged.

Transfers resulting from executive orders. Administrative orders are mainly those plans and administrations that cause the transfer of property. For example, if a state-owned enterprise in our country is divided, merged, dissolved or transferred according to administrative orders, the subject of the registered trademark will inevitably change.

In the process of signing a trademark transfer agreement, you should also pay attention to the following points:

1. Illegal transfer

It means that the transferor of a registered trademark is not the owner of the registered trademark, or cannot represent all trademark owners, or does not obtain the consent of the registered trademark owner. And secretly transfer its registered trademark through improper means such as concealment, fraud, forgery, etc.

Before signing the transfer agreement, you need to verify whether the other party is the trademark owner to avoid invalidating the transfer.

2. Partial transfer

Refers to the transferor of a registered trademark not transferring other similar similar trademarks related to the transferred trademark to the trademark transferee, and retaining or concealing them If there are some similar trademarks that are similar to the transferred trademark, the trademark transfer will be unsuccessful.

The transferee should pay attention to check whether there are similar trademarks that have not been transferred together.

3. Loopholes in the rights and interests of transferred trademarks

It means that when transferring the trademark, the trademark transferor conceals that the trademark has been licensed to others to use, pledged for debt, frozen, etc. before the transfer. etc. questions.

During the transfer process, it is necessary to investigate whether the trademark is legally permitted and whether there are risks. Sometimes individuals may feel that they don’t know where to start. At this time, they can use professional trademark platforms to conduct trademark risk assessments and give professional and reasonable suggestions.

After understanding these clearly, I believe you have a general understanding of trademark transfer. If you need to purchase or sell a trademark, you can contact us to help you handle the relevant transfer procedures.