How to handle trademark transfer procedures

(1) Submit the "Transfer Application" to the National Trademark Office (in the fixed format of the Trademark Office and stamped and signed by both parties), and other relevant materials.

(2) The Trademark Office will conduct an examination after acceptance. 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 and no right to pledge has been obtained. The person agrees whether there is a record of 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 a state-owned enterprise, the trademark transfer may involve The disposal of state-owned assets also requires special approval procedures.

(3) After the Trademark Office review is completed, if the transfer is approved, a "Trademark Approval Transfer Certificate" will be issued and announced. The original "Trademark Registration Certificate" will not be renamed. If the transferee needs to change its name, It is necessary to apply for a new "Trademark Registration Certificate", but the trademark rights will be officially transferred to the name of the transferee after the "Trademark Approval Transfer Certificate" and announcement are made. If it does not agree to the transfer, the Trademark Office will notify it in writing, and the transferor and transferee can file an administrative lawsuit with the Beijing No. 1 Intermediate Court.

What is the procedure for trademark transfer?

(1) Prepare the application documents

1. Fill in the application form one by one, and it must be typed Or printing.

2. For the transfer of each trademark, an application form should be submitted, stamped with the seals of the transferor and the transferee, and the transferee should handle the relevant procedures.

3. If the applicant goes directly to the trademark registration hall, in addition to submitting the application, he must also submit a copy of the transferee's business license and a copy of the handler's ID card; the transferee is If it is a natural person, and the application is handled by him/her himself, only a copy of the transferee's identity document is sufficient. If you entrust a trademark agency to handle the matter, in addition to submitting the application, you must also submit a trademark agency power of attorney and a copy of the transferee's business license or ID card.

4. When handling a trademark transfer, if the transferor cannot affix a seal, the transferee should submit documents or legal documents proving his right to accept the trademark. For example, if an enterprise's trademark is transferred due to merger, merger or restructuring, it should submit a certificate issued by the registration department of the industrial and commercial administration authority. The name on the certificate before the merger (or merger, restructuring) and the name after the merger (or merger, restructuring) It should match the name of the transferor and the name of the transferee in the application; if the trademark is transferred due to a court decision, a legal document issued by the court should be submitted. The name of the person subject to execution and the name of the enterprise that accepts the trademark on the legal document should be Match the name of the transferor and transferee in the application.

5. If the trademark applied for transfer is owned by ***, the following documents should also be submitted:

(1) The trademark is transferred from one person to multiple persons*** Yes, when filling out the transfer application form, the name and address of the representative should be filled in the columns of the transferee's name and address, and the representative's seal should be stamped on the transferee's stamp. The names of other legal persons should be filled in in the appendix. After the transfer of the page, the name of the other account holder will be included in the list and stamped, and the address of the other account holder does not need to be filled in.

(2) If a trademark is transferred from multiple persons to one person, when filling out the transfer application, the name and address of the transferor should be filled in with the name and address of the original representative. The seal of the original representative shall be affixed to the seal stamp; the name and address of the transferee shall be filled in the corresponding columns and affixed with a seal. The name of the original other owner should be filled in the name list of other owners before the transfer on the attached page and stamped. The address of the original other owner does not need to be filled in.

(3) If you apply for transfer due to a change in the *** owner of a *** trademark (including an increase or decrease in *** owner), when filling out the application form, the original representative should be Fill in the name and address of the transferor in the column of the transferor's name and address in the application form, stamp the stamp of the transferor with the seal of the original representative, and fill in the name of the other *** person on the attached page in the other *** person before the transfer. in the name list and stamped with a seal; the name and address of the transferee in the application form should be filled in with the name and address of the representative after the transfer, and the stamp of the transferee should be stamped with the seal of the representative after the transfer, and other * **The name of the person should be filled in the list of names of other *** persons after the transfer on the attached page and stamped. There is no need to fill in the addresses of other *** persons in the attached list.

(2) Submit application documents

1. If the applicant goes directly to the trademark registration hall, after the application documents are ready, submit them at the acceptance window of the trademark registration hall. The staff at the window will confirm whether the application documents are qualified.

2. If a trademark agency is entrusted to handle the application, the trademark agency will deliver the application documents to the Trademark Office.

How to apply for trademark transfer

After the trademark transferor and trademark transferee sign a transfer agreement, the transfer takes effect, but the transfer procedures are not completed. According to my country’s Trademark Law, the trademark transfer begins Only after the transfer application is approved and announced by the Trademark Office, the transferee can enjoy the exclusive right to use the trademark. The details are as follows:

1. The seller guarantees that the registered trademark is the true intention of the owner of the registered trademark. The seller guarantees the authenticity, legality and validity of the documents provided. The transfer nature of the registered trademark is trademark ownership. Permanent transfer.

2. The registered trademark is a legal and valid trademark.

3. The transferred trademark has not been licensed to a third party for use before the date of transfer; the transferred trademark has no dispute with a third party before the transfer; the transferred trademark has not been subject to property litigation by a third party before the transfer preservation.

4. In accordance with the provisions of Article 21 of the "Implementing Rules of the Trademark Law of the People's Republic of China", Party A shall register the same or similar trademarks it has registered on the same or similar goods. and transferred to Party B.

5. From the date of signing of the contract, the seller promises not to operate or allow others to operate a trademark that is the same or similar to the transferred trademark within the validity period of registration, nor to engage in any business that competes with the trademark. Activity. The required information is:

(1) Trademark registration certificate and copy;

(2) Business license and copy of transferor and transferee;

(3) The transferor’s identical or similar trademarks on the same or similar goods must be transferred together;

(4) 2 copies of the trademark transfer application form;

(5) Cover 2 copies of the trademark agency power of attorney bearing the company's official seal.