What is the procedure for transferring trademark rights and how much does it cost
1. What is the procedure for transferring trademark rights
The legal procedures that should be performed to transfer a registered trademark. In China, after the transferor and the transferee reach an agreement on the transfer of a registered trademark, they should jointly submit an application to the Trademark Office.
The specific process is:
(1) Fill in the "Application Form for Transfer of Registered Trademark". The application shall be in the form prescribed by the State Administration for Industry and Commerce, stating the number and name of the transferred trademark, the name and address of the transferor, the name, address and business license number of the transferee, and shall be stamped with the seals of both parties. (One application form should be submitted for the transfer of each trademark (each registration number), and it should be stamped with the seal or signature of the transferor and transferee, and the transferee should handle the relevant procedures);
(2) Relevant books are attached. When submitting the transfer application, you should also submit the original registration certificate, a copy of the transfer application trademark contract and other documents;Business licenses of the transferor and transferee, and copies of ID cards (with official seal); notarized certificate of trademark seller from the notary office (with official seal) (Note: The Trademark Office has doubts about the authenticity and validity of the trademark transfer Yes, you can ask for relevant supporting documents or notarized copies. Notarization is not necessary, but in order to avoid subsequent trouble, take out notarization insurance);
(3) Pay the transfer application fee and transfer registration fee.
How much is the trademark transfer fee
1. Trademark transfer acceptance fee: The acceptance fee is paid directly to the National Trademark Office , there is no unified standard;
2. Trademark transfer Agency fee: If you entrust an agency, you will also need to pay a certain agency fee.
Materials required for trademark transfer
1. "Trademark Agency Power of Attorney": entrust a trademark agency to act as an agent If required, a power of attorney stamped with the transferee's seal is required. If transferees outside the mainland want to apply for trademark transfer in China, they must entrust a trademark agency to do so.
2. "Transfer"Registered Trademark Application Form": If you entrust an agency to apply for trademark transfer, it will be prepared by the agency and stamped or signed by the transferor and the transferee.
3. The transferee’s business license or Copies of documents proving legal person status of institutions, associations and other organizations. If the transferee is outside the mainland, such documents are not required.
4. Special certification materials:
1) The transferor uses it for medicines, medical nutritional foods, and medical nutrition When transferring registered trademarks for beverages and baby food, the transferee needs to provide certification documents from the health administration department, namely the "Drug Manufacturing Enterprise License" or "Drug Trading Enterprise License". If the above two certificates have not been obtained, the transferee must provide Approval document issued by the health administrative department agreeing to establish a pharmaceutical production or operating enterprise; if the transferor uses it as a disinfectant trademark, the transferee must provide a certificate from the health and epidemic prevention department.
2) Transfer of cigarettes, cigars and packaged products For the trademark of cut tobacco, the transferee must provide documents proving production approval by the national tobacco administration department. Applicants outside mainland China do not require such documents.
3) The enterprise due to merger, separation or merger Therefore, if the transfer procedures are not completed in time and the stamp has become invalid, the transferor's stamp may not be affixed, but valid certification documents from the transferor's competent department or certification documents from the local industrial and commercial administration department must be provided.
The above mentioned are all related to trademark transfer legal knowledge, since the law has clear regulations on trademark transfer, the trademark owner must carefully follow the regulations when transferring the trademark to avoid any disputes in the future. If you encounter any more complex legal issues, our Legal Savior Network will provide you with legal consulting services. Welcome to consult.
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