Hello, Article 42 of the "Trademark Law" stipulates: When transferring a registered trademark, 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. 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.

Article 25 of the "Regulations for the Implementation of the Trademark Law" stipulates: When transferring a registered trademark, the transferor and the transferee shall submit an application for transfer of the registered trademark to the Trademark Office. The application procedures for transferring a registered trademark shall be handled by the transferee. After the Trademark Office approves the application for transfer of a registered trademark, it will issue the transferee a corresponding certificate and make an announcement.

When a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods together; if it is not transferred together, the Trademark Office shall notify the trademark registrant to make corrections within a time limit. ; If no correction is made within the time limit, the application for transfer of the registered trademark will be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.

For applications for transfer of registered trademarks that may cause misunderstanding, confusion or other adverse effects, the Trademark Office will not approve the application and will notify the applicant in writing and explain the reasons.

Article 26 of the "Regulations for the Implementation of the Trademark Law" stipulates: If the exclusive right to a registered trademark is transferred for reasons other than transfer, the party accepting the transfer of the exclusive right to the registered trademark shall provide relevant certificates Documents or legal documents must be submitted to the Trademark Office to handle the transfer procedures for the exclusive right to register a trademark.

Article 47, Paragraph 1 of the "Regulations for the Implementation of the Trademark Law" stipulates: If the trademark registrant dies or terminates, one year has expired from the date of death or termination, and the registered trademark has not been transferred. If the formalities are not met, anyone can apply to the Trademark Office to cancel the registered trademark.

Documents required for trademark transfer application:

Certification of subject qualifications of both parties, copy of business license or identity document, transfer agreement, official seal, usually the original and signature need to be verified; if If a registered trademark is transferred, you need to check the original trademark registration certificate. If you are applying for trademark transfer, you need to check the original trademark acceptance notice from the Trademark Office. Fill out the "Trademark Transfer Application Form" and have it stamped and signed by both parties.

Be careful when transferring trademarks

1. Transfer similar trademarks together

The trademark registrant has similar trademarks registered on the same product, or Identical or similar trademarks registered on similar goods shall be transferred together.

2. A notarial certificate is required

Trademark transfer applications generally require the submission of the original notarized certificate stating that the trademark transferor agrees to transfer the trademark.

During the trademark transfer process, if the original notarized certificate of trademark transfer is not submitted, the Trademark Office will give the applicant an opportunity to make corrections. If the applicant fails to make corrections within the expiration date or does not make corrections as required, the transfer application will be rejected. Approved or deemed abandoned.

3. Whether the nominal address of the trademark registrant is consistent with the name and address on the business license?

The name and address on the business license of the transferor are consistent with the name and address on the transferred trademark registration certificate. If the name and address do not match, the Trademark Office will reject the transfer application. According to the provisions of the Trademark Law, if the name or address of the registered trademark owner changes, the change procedures must be completed. If corrections are not made within the due date or are not made as required, the transfer will not be approved or deemed abandoned.

4. Prevent the transferor from repeatedly transferring a registered trademark

The transferee cannot just listen to the transferor’s words and the trademark registration certificate provided, but must investigate whether the transferor is the trademark registrant. Whether the name of the assignor matches the name of the applicant recorded in the Trademark Office files. Since the Trademark Office's review cycle for trademark transfer applications has been extended to 6 to 12 months, it is sometimes difficult to obtain accurate information from the Trademark Office's "China Trademark Network" alone. I hope it helps you and I hope you will adopt it