What is the procedure for transferring a registered trademark?

Nowadays, the registration and transfer of trademarks are very common. The transfer of a trademark can not only make profits for the holder, but also make the trademark known to more people. So what is the procedure for the transfer of a Registered trademark? Legal Savior Network The editor has summarized the relevant knowledge about this problem, and then let’s work with the editor to find the answer to this question.

What is the procedure for transferring a registered trademark

The trademark transfer process includes: application, acceptance, review, announcement, and issuance Transfer certificate

Transfer form

The transfer of a registered trademark is within the validity period of the registered trademark by the trademark registrant. , the act of transferring the exclusive right to use a trademark to another party in accordance with legal procedures. The transfer of registered trademarks generally takes the following forms:

1. Transfer by contract

The transferor passes A contract stipulates the transfer of the contents of a registered trademark, mutual rights, obligations and liability for breach of contract, etc. This form of transfer is generally paid, that is, the transferor charges a certain transfer fee by transferring the exclusive right to the registered trademark.

2. Succession and transfer

There are two situations for the inheritance and transfer of a registered trademark:

(1) After the death of the registered owner (natural person), that is, the end of his life, an heir will inherit all the registered trademarks owned by the deceased according to the inheritance procedure.

(2) Succession and transfer when the enterprise as the owner of the registered trademark is merged or merged.

3. Transfer due to administrative order

This form of transfer generally occurs in public ownership countries . The administrative orders mentioned here are mainly those plans and administrations that cause the transfer of property. For example, if my country's state-owned enterprises are divided, merged, dissolved or transferred according to administrative orders, the subject of registered trademarks will inevitably change.

Transfer preparation

To apply for trademark transfer, you must use the procedures formulated and published by the State Administration for Industry and Commerce.Uniform application form. The application form can be obtained from the Registration Hall of the Trademark Office. It can also be downloaded from this website. If a trademark agency is entrusted to handle the matter, it will be provided by the agency.

To apply for trademark transfer, you must submit the following documents to the Trademark Office:

1. "Application for Trademark Transfer" A copy of the "Trademark Transfer Authorization Letter", which should be stamped with the seals of the applicant and the transferee;

2. "Trademark Transfer Authorization" stamped with the official seal of the transferee Book";

3. A copy of the transferee's "Business License";

4. Pay the trademark transfer application and other fees as required (trademark transfer fee: 1,000 yuan);

5. If you entrust a professional agency to apply, you will also need to pay part of the fee (trademark transfer fee) The fee is determined by the entrusting agency);

Time required

1. The Trademark Office receives the transfer A "Certificate of Approval of Transfer of Registered Trademark" will be issued within fifteen days after application.

2. You can receive the transfer "Certificate of Approval of Transfer of Registered Trademark" three to four months from the date of establishment of application. This certificate must be used together with the original Trademark Registration Certificate.

3. The date marked on the "Certificate of Approval of Transfer of Registered Trademark" is the effective date of transfer registration

Announcement and certification

Application through an agent: After review and approval by the Trademark Office, an announcement will be made and the agent will send the "Trademark Registration Certificate" to the transferee of the transferred trademark.

Direct application for registration transfer: the Trademark Office will issue an announcement after review and approval. The transferee of transfer registration should go to the Trademark Office to obtain the certificate within three months after receiving the "Notice of Transfer Registration", and should also bring:

(1) Collection Letter of introduction for "Notice of Transfer Registration";

(2) Transferee’s ID card and copy;

(3) Original copy of business license, the copy should be stamped with the seal of the local industrial and commercial department

(4) Receive the "Transfer Registration Notice";

(5) If the name of the transferee changes, it must be attached to the work department Certificate of change issued

The above is the relevant knowledge about the above issues compiled by Hualu editor for you. This website provides you with professional lawyer consultation. If you still If you have any questions, please visit the Legal Savior website for consultation.