We all know that a trademark is the core interest of an enterprise or company. It represents the image of a company and has huge commercial and economic value. Therefore, a trademark transfer agreement must be signed when transferring a trademark. Only in this way can the legitimate rights and interests of the transferor and the transferee be effectively protected. So how to sign a trademark transfer contract?

1. What you need to know about trademark transfer

(1) For the transfer of a registered trademark, after the transferor and the transferee sign the "Transfer Agreement", * **Apply to the State Trademark Office for approval. Only after the State Trademark Office approves the transfer, the transferee can officially obtain the exclusive right to trademark;

(2) Identical or similar trademarks registered on the same or similar goods The trademarks should be transferred together, otherwise the Trademark Office will regard the transfer application as abandoned;

(3) After the Trademark Office accepts the transfer application, it will approve it if it complies with the legal provisions. If it does not comply with the legal provisions, it will Will not be approved. In practice, some companies sign a "Trademark Transfer Agreement" with others, and after paying the transfer fee and using the trademark or obtaining the other party's "Trademark Registration Certificate", they do not go through the trademark transfer approval procedures. Failure to obtain transfer approval procedures from the Trademark Office means that the ownership of the trademark is still in the name of the transferor. Legally, the transferor is still the exclusive owner of the trademark. The transferee has not obtained legally recognized ownership of the trademark. Therefore, we emphasize , after entering into the "Trademark Transfer Agreement", you must apply for trademark transfer and obtain the "Registered Trademark Transfer Certificate" issued by the Trademark Office. Otherwise, the legal risk will be great for the transferee.

2. Procedure for applying for trademark transfer approval

(1) Submit a "Transfer Application" to the National Trademark Office (in the fixed format of the Trademark Office and signed by both parties), the transferor and the transferee's identity information, transfer agreement (if the investment is a trademark, an investment agreement, a trademark value assessment report, etc. are required). If you need to entrust others to handle it, you also need to provide a power of attorney. If the information is in a foreign language, it needs to be translated into Chinese;

(2) The Trademark Office will conduct an examination after accepting the application. The main examination contents are: whether the transferor is the trademark owner and whether he has the right to transfer the trademark; whether the transferred trademark is legal and valid, and whether there is a pledge without the consent of the pledgee. , whether there is a record for licensed use, whether there are compulsory measures such as seizure by the court or other authorities; whether it complies with the "principle of collective transfer"; whether there are any adverse effects;

In addition, if the transferor is state-owned For enterprises, trademark transfer may involve the disposal of state-owned assets and requires special approval procedures. If you still have questions about how to sign a trademark transfer contract, you can go to intellectual property consultation. If you want to buy a trademark, go to Bajie.