There are materials for trademark transfer. What are these materials for trademark transfer? The editor has brought you relevant knowledge about "Materials for Trademark Transfer", which may contain what you need. . Materials required for trademark transfer
Documents and materials required for trademark transfer
1. "Trademark Agency Power of Attorney": If you entrust a trademark agency to act as an agent, you must provide a signed A power of attorney with a person's seal. If transferees outside the mainland want to apply for trademark transfer in China, they must entrust a trademark agency to do so.
2. "Application Form for Transfer of Registered Trademark": If you entrust an agency to apply for trademark transfer, it will be prepared by the agency and stamped or signed by both the transferor and the transferee.
3. Copies of the transferee’s business license or certification documents of public institutions, associations and other organizations with legal person status. If the transferee is outside the mainland, such documents are not required.
4. Special certification materials:
1) When transferring the transferor’s registered trademark for medicines, medical nutritional foods, medical nutritional drinks and baby food, the transferee needs to provide Certification documents from the health administrative department, namely "Drug Manufacturing Enterprise License" or "Drug Trading Enterprise License". If the above two certificates have not been obtained, an approval document issued by the health administrative department approving the establishment of a pharmaceutical manufacturing or trading enterprise shall be provided; If the transferor uses it as a disinfectant trademark, the transferee must provide a certificate from the health and epidemic prevention department.
2) When transferring trademarks for cigarettes, cigars and packaged cut tobacco, the transferee must provide documents proving production approval by the national tobacco authority. Applicants outside mainland China do not require such documents.
3) If an enterprise fails to complete the transfer procedures in time due to merger, separation or merger and the stamp has become invalid, it does not need to affix the stamp of the transferor, but it must provide a valid certification document from the transferor’s competent department or the local seal. Certification documents from the industrial and commercial administration department.
China Brand Alliance Trademark Transfer Network has several years of experience in trademark transfer, has the most comprehensive trademark transfer documents, trademark transfer procedures, and notarization of the entire trademark transfer process. It is the safest and fastest among the Chinese trademark transfer networks. The trademark transfer website provides free trademark transfer information release and trademark purchase information release. Notes on trademark transfer
Identical or similar trademarks registered on the same or similar goods must be transferred together. This is to avoid product source confusion caused by split transfers. In addition, joint trademarks and defensive trademarks must be transferred together.
Trademarks that have been licensed to others may not be traded at will unless the consent of the licensee is required. This is because the license contract cannot be transferred accordingly, and you cannot apply for transfer registration without canceling the license contract. After the registration is transferred, the transferee can continue to sign a license contract with the original user if he wishes.
The transferee must guarantee the quality of the goods.
When trading registered trademarks, the transferor and transferee shall sign a transfer agreement and submit applications to the Trademark Office at the same time. Transfer registration must be handled by the transferee. After the trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.
***Trademarks cannot be transferred independently. How should a trademark be transferred
Generally speaking, trademark transfer needs to go through the following processes and provide relevant materials:
1. The trademark transfer process includes: application, acceptance, review, announcement, and issuance of transfer prove.
2. Documents required for trademark transfer:
(1) "Application for Transfer and Registration of Trademark";
(2) Assignor and transferee The person's identity document (copy) (the company is the business license, which needs to be stamped with the official seal);
(3) If you entrust an agent, submit the "Agency Letter" issued by the transferee directly in the acceptance hall The original and copy of the identity card of the person in charge of the transferee shall be submitted for processing;
(4) If applying for transfer, relevant supporting documents shall also be submitted;
(5) Application If the document is in a foreign language, a Chinese translation signed and confirmed by the translation agency should also be provided.
Applicants can entrust an organization with trademark agency qualifications recognized by the State Administration for Industry and Commerce to act as an agent, or they can go to the Trademark Registration Hall of the State Trademark Office to apply directly. How to resolve trademark transfer contract disputes
About how to resolve trademark transfer contract disputes and what solutions are available. According to the relevant provisions of the law, the parties may resolve contract disputes through the following channels:
(1) Negotiation and reconciliation;
(2) Mediation;
(3) Submit to an arbitration institution for arbitration;
(4) File a lawsuit with the People's Court. If the parties are unwilling to reconcile or mediate, or if reconciliation or mediation fails, they may apply to an arbitration institution for arbitration in accordance with the arbitration agreement. The parties to a foreign-related contract may apply for arbitration to a Chinese arbitration institution or other arbitration institution according to the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit in the People's Court. The parties shall perform the legally effective judgments, arbitration awards, and mediation documents; if they refuse to perform, the other party may request the People's Court for enforcement.
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