How to choose a formal and legal agency

The first point is that the company must be an agency recognized by the Industrial and Commercial Bureau and have a formal business license. If a company is not recognized through legal procedures, it is usually informal. Customers should not cooperate with sub-companies easily.

The second point is that the company has a complete set of detailed systems and specific operating procedures to ensure that every service is legal and the services provided are supported by legal basis.

The third point is that the company has certain authority in the industry and has a good reputation. And we have long-term and stable relationships with many enterprises. What materials are needed for trademark transfer

1. An "Application for Trademark Transfer", which should be stamped with the seals of the applicant and the transferee;

2. By the transferee "Letter of Power of Attorney for Trademark Transfer" with the official seal of the person;

3. A copy of the transferee's "Business License";

4. Pay the trademark transfer application and other fees as required;

5. If you entrust a professional agency to apply, you will also need to pay some fees (the fees are determined by the entrusting agency). How to handle trademark transfer

1. The trademark transfer process includes: application? acceptance? review? announcement? issuance of transfer certificate.

2. Documents required for trademark transfer:

A. "Application for Transfer and Registration of Trademark";

B. Transferor and Transferee's Identity document (copy);

C. If you entrust an agent, submit the "Agency Letter" issued by the transferee, and if you apply directly in the acceptance hall, submit the original ID card of the transferee's handler and Copy;

D. If applying for transfer, relevant supporting documents should also be submitted;

E. If the application document is in a foreign language, a Chinese version signed and stamped by a translation agency should also be provided translation.

3. Trademark transfer time: It takes about 6-10 months. How to identify trademark infringement and criteria for identifying trademark infringement

Generally, four elements must be met to constitute an infringement: first, there is an illegal act; second, there is a fact of damage; third, the illegal act and the damage There is a causal relationship between the facts; fourth, the perpetrator must be subjectively at fault. Trademark infringement is a special kind of civil infringement. Therefore, the above four basic elements must undoubtedly be considered in determining trademark infringement. At the same time, full attention should be paid to the particularity of trademark infringement itself. How to specifically identify trademark infringement? The following is a detailed introduction:

(1) There is an illegal act

The illegality of the act means that the act committed by the actor violates the "Trademark Law", According to the provisions of the "Trademark Law Implementation Regulations" and other relevant laws, an actor uses a trademark that is identical or similar to another's registered trademark on the same or similar goods without the permission of the trademark registrant, or hinders trademark registration. The act of a person exercising the exclusive right to use a trademark. The existence of trademark violations is a prerequisite for the formation of infringement.

(2) The fact of damage occurs

The fact of damage is a special condition in trademark infringement. As for the fact of damage, it can be material damage or non-material damage. Material damage is the reduction or elimination of the trademark registrant’s economic interests. Non-material damage refers to the damage or disparagement of the right holder's product reputation and corporate image due to infringement of the exclusive right to use a trademark. Non-material damage is intangible and cannot be calculated at the time, but it will eventually lead to the loss of property interests of the right holder. In practice, the identification of material damage must be provided by the infringed party, but it is very difficult to provide evidence for the identification of non-material damage, so there is no need for the infringed party to provide evidence. As long as there is an illegal act, it will be deemed to have non-material damage, and the infringed party can request to stop the infringement.

(3) There is a causal relationship between the illegal act and the fact of damage

Different facts of damage will lead to different causal relationships. If an illegal act that infringes upon the exclusive right to use a trademark results in the objective existence of the fact of damage, then the violation and the fact of damage form a causal relationship. For example, if a counterfeit brand of wine is of very poor quality, consumers will mistakenly think that the quality of the brand has declined after drinking it. This means that there is a causal relationship between the infringement and the damage. If the damage occurs due to other reasons, it does not constitute a constitutive element of trademark infringement.

(4) Subjective fault of the perpetrator

The new "Trademark Law" changes Article 38 (2) of the original law to "sell goods that knowingly infringe the exclusive right of a registered trademark"? The deletion of "knowingly" removes the subjective elements for determining the infringement of this behavior and confirms the application of the "no-fault liability" principle. That is to say, no matter whether the infringer is intentional or negligent, he should bear legal responsibility.

The above is the trademark transfer agent provided by the editor for everyone. I hope you will like it!