According to the provisions of China's Trademark Law, the transferor and transferee of a trademark shall sign an assignment agreement and apply to the Trademark Office for trademark assignment.
the trademark law of the people's republic of china
Article 42 Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark.
Where a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same commodity or the same or similar trademark registered on similar commodities together.
The Trademark Office shall not approve the transfer that may cause confusion or other adverse effects, and shall notify the applicant in writing and explain the reasons.
After a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement.
Trademark transfer refers to the act that a trademark registrant transfers the exclusive right to use a trademark to others in accordance with legal procedures within the validity period of a registered trademark. Trademark transfer generally takes the following forms: contract transfer, continuous transfer, and transfer due to administrative orders.
The following conditions shall be met:
1. Where a registered trademark is transferred to another person, it shall go through the transfer formalities with the Trademark Office.
2. Where the exclusive right to use a trademark is transferred due to merger, merger or reorganization of an enterprise, it shall go through the formalities for the transfer of a registered trademark at the Trademark Office.
3. Where the exclusive right to use a trademark is transferred according to law, the transfer formalities shall also be handled.
4. When transferring a trademark, it is necessary to transfer the similar trademark at hand. When transferring or transferring a trademark, an application for transfer/application for registered trademark should be filled in. From September 15, 2002, a trademark that has been applied for but not approved for registration may also apply for transfer or assignment.
The process of trademark transfer includes: application → acceptance → review → announcement → issuance of transfer certificate.
What documents are needed for trademark transfer?
A. application for transfer/application for registered trademark;
B. Identity documents of the transferor and the transferee (photocopy);
C submit the power of attorney issued by the transferee, and directly submit the original and photocopy of the transferee's agent's ID card in the acceptance hall;
D. If applying for transfer, relevant supporting documents shall also be submitted;
E. If the application documents are in a foreign language, a Chinese translation signed and confirmed by the translation agency shall also be provided.
To sum up, trademark transfer is the right of the trademark owner. Generally, when transferring, you need to go through the transfer formalities at the local trademark office, so as to ensure that the ownership of this trademark is transferred to others and the other party can also enjoy the benefits brought by this trademark.