How to transfer the right to use a trademark

To transfer the right to use a Trademark, you must first fill out the "Application Form for Transfer of the Right to Use a Trademark" and submit it to the Trademark Office; secondly, after receiving the application, the Trademark Office will decide whether to accept it; then it will review the transfer of the right to use the trademark, and finally pass the application. and make public announcements. Regarding the question of how to transfer the right to use a trademark, the editor of Legal Savior Network will answer it in detail for you below.

1. How to transfer the right to use a trademark?

(1) Application . Fill out the "Application Form for Application/Transfer of Registered Trademark" and need to affix the official seals of the applicant and the transferee;

(2) Acceptance. It takes 1-2 months. Please confirm that the information is complete when submitting the information, otherwise the Trademark Office will not accept it;

(3) Review. It takes 4-6 months;

(4) Announcement;

(5) Issuance "Certificate of Approval of Transfer of Registered Trademark".

Notes on the transfer of trademark use rights

(1) If a registered trademark is transferred, the trademark The registrant shall transfer the same or similar trademark registered on the same or similar goods together.

(2) One month after the transfer application is submitted, the Trademark Office will send the "Notification of Acceptance" to the transferee by mail according to the address filled in the application. ", and at the same time, send a copy of the "Notification of Acceptance" to the registrant according to the registrant's address recorded in the Trademark Office for the transferred trademark.

(3) Trademark transfer must be approved by the Trademark Office. Trademark transfer must be approved by the National Trademark Office before it can be legally protected. Otherwise, the transfer will be deemed invalid. Article 42 of the Trademark Law stipulates: When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and jointly submit an application to the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark.

2. How long is the validity period of a well-known trademark?

Well-known trademarks do not have a validity period issue. The protection period of a well-known trademark is the same as that of an ordinary trademark. It is valid for 10 years after registration. It needs to be renewed after expiration. If it is not renewed, the well-known trademark will be cancelled. .

Legal basis: "Trademark Law of the People's Republic of China" stipulates:

Thirteenth If a trademark is well-known to the relevant public, if the holder believes that its rights have been infringed, it may apply for protection of a well-known trademark in accordance with the provisions of this Law.

For identical or similar trademarks If the trademark applied for registration for a product is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China and is likely to cause confusion, it will not be registered and is prohibited from use.

Just If a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by others, misleading the public and causing the interests of the registrant of the well-known trademark to be damaged, registration will not be granted and use will be prohibited.

Article 39 The validity period of a registered trademark is ten years, calculated from the date of approval of registration.

Article 40 If a registered trademark expires and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with the regulations within twelve months before expiration; if it fails to do so during this period, it may be given six The extension period is 10 months. The validity period of each renewal registration is ten years, calculated from the day after the expiration of the previous validity period of the trademark. If the renewal procedure is not completed at the end of the period, the registered trademark will be cancelled.

The Trademark Office shall announce the renewal of registered trademarks.

The validity period of well-known trademarks and the validity period of ordinary trademarks They are the same and are valid for ten years. If you want to transfer the right to use a trademark to another person, you must apply to the Trademark Office. The party himself cannot transfer it directly. I hope the above content can be helpful to you. If If you have other questions, you can click the button below to consult, or go to the Legal Savior website to consult a professional lawyer.