1. How to transfer a trademark registration in the name of an individual
In the name of an individual The relevant provisions for trademark registration and transfer are as follows:
If a Registered trademark needs to change the name, address or other registration matters of the registrant, a change application should be submitted.
If a registered trademark needs to change the name, address or other registration matters of the registrant according to Article 41 of the Trademark Law of the People's Republic of China, a change application should be submitted .
Article 42: When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and jointly file an application with the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark. When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods.
For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons. 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.
2. How long is the protection period of a registered trademark
Trademark rights, like patent rights and copyrights, are not sustainable rights and can only exist and be protected within a certain period of time. This period is the term of the registered trademark, also called the validity period of the trademark, which refers to the period during which the registered trademark has legal effect and is protected by law. Article 39 of my country’s Trademark Law stipulates: “The validity period of a registered trademark is 10 years, calculated from the date of approval of registration.”
The period of registration of a trademark The starting date is the date of trademark registration, which is when the Trademark Office divides the applied trademark into regions., the name of the trademark registrant and the words and graphics used are registered in the "Trademark Register" (collective trademarks and certification marks are registered in the "Collective Trademark Register" and "Certification Trademark Register" respectively), cards and files, and the "Trademark Register" is published at the same time. Announcement date.
The protection period of a registered trademark is calculated from the date of trademark registration to the corresponding day in the last month as the expiration date. If there is no corresponding day in the last month , the last day of the month shall be the expiration date.
my country's laws stipulate how to transfer a trademark registration under an individual's name. It can be seen that if a registered trademark needs to change the name, address or other registration matters of the registrant, A change application should be submitted. The specific regulations are as above. The editor of Legal Savior Network answered this question as above. Welcome to Legal Savior Network for legal consultation.
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