Where should the trademark transfer be notarized
When the trademark is transferred, the parties concerned can go to The notarization of the trademark transfer shall be handled by the notary at the place of the trademark transferor or the place of the trademark transferee.
"Notarization Law of the People's Republic of China"
Article 25 A natural person, legal person or other organization may apply for notarization to the notary institution at the place of domicile, habitual residence, place of conduct or the place where the fact occurs.
Applications for notarization involving real estate should be submitted to the notary office where the real estate is located; applications for notarization of entrustments, declarations, gifts, and wills involving real estate may apply. The provisions of the preceding paragraph.
What information is required for notarization of trademark transfer
1. Transfer Or if the transferee is a citizen, the original and a copy of the "Resident Identity Card" should be submitted;
2. If the transferor and the transferee are corporate legal persons, The original or copy of the "Enterprise Legal Person Business License", the original and a copy of the "Organization Code Certificate", the original and a copy of the legal representative's qualification certificate, and the "Resident Status" of the legal representative should be submitted. The original and a copy of the certificate and a letter of introduction from the unit;
3. If the transferor or transferee is another organization, relevant subject qualification certificates should be submitted and the original identity certificate of the person in charge and a letter of introduction from the unit;
4. Transfer or transfer If the party is a joint-stock enterprise, it should submit the company's articles of association and the original shareholders' meeting resolution agreeing to transfer or transfer the right to use the trademark.;
5. Original and copy of registered trademark certificate, trademark ownership certificate and trademark pattern;
6. If you entrust others to handle the matter, provide a valid "Power of Attorney" and the trustee's ID card.
Note: Registered trademarks must not exceed the validity period. Shared trademark exclusive rights should be evidenced by the written consent of the other co-owners. If you have licensed others to use the registered trademark, you must submit written proof that the licensee agrees to the transfer. When transferring registered trademarks for tobacco products, medicines, etc., certificates from the corresponding production authorities must be provided. The transfer agreement should include provisions on transfer and other related expenses. The notary may require the parties to submit additional supporting documents based on the specific circumstances of the notarization matter.
What issues should be paid attention to when transferring trademarks
1. Transfer The person should guarantee that he is the owner of the trademark, explain to whom and what type of trademark licenses have been issued before signing the contract, and describe the obligations of the trademark owner in the original license contract.
2. If the original license contract stipulates that the trademark owner shall not transfer its trademark rights to others, the trademark owner will not be eligible to enter into a transfer contract.
3. If the assignor transfers all the trademark rights in all countries where it has obtained registration or applied for registration, the assignor should also ensure that the contract is signed. Up to now, all registration application procedures have been completed in countries that have not approved its registration, and the relevant applications have not been rejected. transfer price. The scope of rights of the transferee after transfer.
4. If the transferor transfers all of its trademark rights registered or applied for registration in all countries, both parties should also agree that after the transferred application is approved , the transferee enjoys all exclusive rights.
5. If the transferor will take back the trademark rights on time, the transfer period should be agreed upon. If the transferee is required to guarantee the quality of the goods marked by the trademark, the transferor shall provide the technical know-how for producing the relevant goods, product instructions, product packaging laws, product maintenance laws and related technical services as agreed.
6. The transferor guarantees not to use the transferred goods that are similar or identical to the transferee’s goods within the validity period of the contract and within the effective territory of the trademark registration. 's trademark.
7. The transferee shall not disclose the business secrets or technical secrets provided by the transferor to the transferee for the transfer of trademark rights. The transferred trademark name, style, registration country, registration number, the date of next renewal, the categories of goods or services covered by the trademark registration and their specific names.
8. If the transferor transfers all the trademark rights registered or applied for registration in all countries, the contract should also list the names of the countries that have approved the registration. , the name of the country that has accepted the registration application, as well as the category and specific name of the relevant goods or services included in the registered trademark and the trademark to be applied for registration.
The above knowledge is the editor's answer to the question "Where should the trademark transfer be notarized?" When the trademark is transferred, the parties can go to the location of the trademark transferor or the trademark. The notary in the transferee's location shall handle the notarization of the trademark transfer. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
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