What are the contents of approving trademark transfer
The application and approval procedures for trademark transfer are based on current trademark laws and official business processes. The transferor and transferee should submit a fixed-form "Transfer Application/Registered Trademark Application" prepared by the Trademark Office. Stamp it with an official seal or signature, and then the transferee, as the person handling the trademark transfer application procedure, will submit the transferee's identity certificate (including business license, ID card, etc.), trademark agency power of attorney and other materials to the Trademark Office, and at the same time pay Trademark transfer application fee.
According to the current registered trademark In accordance with the requirements of the transfer procedure, it is not necessary to submit a trademark transfer contract signed by the transferor and the transferee for the time being. The only legal document that can reflect the transferor's intention is the transferor's name on the "Transfer Application/Registered Trademark Application" Official seal or signature.
Approval procedures for trademark transfer
After accepting the trademark transfer application, the Trademark Office shall decide according to the relative terms and absolute terms.It is necessary to review key points such as "the transferor's subject qualifications", "trademark rights status", "consolidated transfer", and "adverse effects". If the transfer of a registered trademark complies with legal provisions, the Trademark Office will approve it in accordance with the law, announce it in the official periodical "Trademark Announcement" and issue a "Certificate of Approval of Transfer of Registered Trademark" to the transferee. If the transfer of the unconfirmed trademark application rights complies with legal provisions, the Trademark Office will directly change the trademark nominee after approval. The assignee shall enjoy the trademark rights from the date of approval by the Trademark Office.
The measures taken to strictly review trademark transfers include: :
1. Transfer the trademark transfer application form Check the seal or signature used by the person with the seal or signature used when applying for trademark registration;
2. If the seal is obviously inconsistent, the transferor must explain the change of the seal, provide a certificate issued by the seal management department, and provide a copy of the transferor's business license that has been valid for annual inspection (stamped) transfer agreement signed with both applicants;
3. If the signatures are obviously inconsistent, the transferor must explain the situation and provide the transferor's valid certificate (signature) and the transfer agreement signed by both applicants;
4. If the seal or signature is obviously inconsistent, a "Transfer Application Correction Notice" will be issued to the applicant. ” requires the applicant to make corrections in accordance with the relevant requirements within the specified period of time from the date of receipt of the notice (excluding round-trip postage). If the applicant fails to make corrections within the specified period, the Trademark Office will regard the applicant as giving up on making corrections and reject the transfer. Apply.Trademarks need to go through a lot of procedures when transferring. In many procedures, we need to approve them before proceeding to the next one. After it is clear that the previous one has been completed, Only after it has been registered can the next step be carried out. For example, the transfer of a trademark cannot be continued until it has been approved. The above is the relevant knowledge that the editor of the Legal Savior Network has found for you on the Internet. I hope it can help you. !If you still have any questions, please feel free to consult a lawyer on this website.
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