1. How much does it cost to transfer a trademark?
Official regulations require a transfer application Pay the transfer fee of 1,000 yuan. The cost of trademark depends on the trademark, and the price of each trademark is different.
If a trademark agency is entrusted to handle the matter, the applicant shall pay the transfer fee and agency fee to the trademark agency. The transfer fee collected by the Trademark Office shall be from the trademark Deducted from the agency's advance payment.
2. Things to note when handling trademark transfer procedures
(1) For the transfer of a registered trademark, after the transferor and the transferee sign a "Transfer Agreement", they must jointly apply to the National Trademark Office for approval. Only after the National Trademark Office approves the transfer, the transferee can officially obtain the exclusive right to use the trademark;
(2) Identical or similar trademarks registered on the same or similar goods 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 the transfer application if it complies with the legal provisions. If it does not comply with the legal provisions, it will not be approved.
In practice, some companies sign a "Trademark Transfer Agreement" with others. After paying the transfer fee and using the trademark or obtaining the other party's "Trademark Registration Certificate", There is no need to go through the trademark transfer approval procedures. Failure to obtain transfer approval procedures from the Trademark Office means that the trademark ownership is still in the name of the transferor, and legally the transferor is still the exclusive owner of the trademark, and the transferee has not obtained legally recognized trademark ownership. Therefore, 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, this will be a huge legal risk for the transferee.
3. What are the procedures for trademark transfer
The first step is to prepare the application documents
The application documents that should be submitted are:
(1) "Transfer Application/Registered Trademark Application"
(2) Transferor and The transferee’s identity document (copy)
(3) To entrust an agent, submit the "Agency Letter" issued by the transferee and handle it directly at the acceptance hall Submit the original and copy of the identity card of the person in charge of the transferee
(4) If applying for transfer, relevant supporting documents should also be submitted
(5) If the application documents are in a foreign language, a Chinese translation signed and stamped by the translation agency should also be provided(6 ) Provide the notary certificate of the trademark seller’s declaration from the notary office
The second step is to submit the application documents
1. The applicant goes directly to the trademark registration hall to apply. 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.
A transfer application for a registered trademark requires a transfer fee of 1,000 yuan. Failure to obtain transfer approval procedures from the Trademark Office means that the trademark ownership is still in the name of the transferor, and legally the transferor is still the exclusive owner of the trademark, and the transferee has not obtained legally recognized trademark ownership. If you have any other related questions you would like to know, please feel free to consult the Legal Savior Network for free legal consultation.
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