First, prepare the application form.
1. The application documents to be submitted are:
(1) assignment/assignment application/registered trademark application;
(2) A copy of the subject qualification certificate confirmed by the transferor or transferee;
(3) Entrust the trademark agency to submit the power of attorney issued by the transferor and the transferee, and directly submit the original and photocopy of the ID cards of both parties at the trademark registration office (the original is returned after comparison);
(four) to apply for transfer, it shall also submit the relevant certification documents or legal documents;
(5) If the application documents are in a foreign language, a Chinese translation signed and confirmed by the applicant or agency shall also be provided.
2. Specific documents:
(1) Fill in one by one according to the application requirements, and it must be printed or printed; If the transferor or transferee is a natural person, the ID number shall be filled in after the name;
(2) The transfer of each trademark (each registration number) shall be submitted in duplicate, which shall be sealed or signed by the transferor or transferee, and the transferor and transferee shall jointly handle the relevant formalities;
(3) When the applicant directly enters the trademark registration hall, in addition to submitting the application, he must also submit the transferee and the transferee's main qualification certificates (such as a copy of the company's business license and a copy of the natural person's ID card, etc.). ) and affix the official seal of the company or the signature of a natural person. The transfer application does not need the original and photocopy of the ID card of the agent (photocopy of the transferee's qualification certificate), but the original certificate issued by the relevant competent department should be provided. Both the transferor and the transferee are natural persons, and they shall handle it by themselves. Show the original ID card and submit copies of both ID cards. Where a trademark agency is entrusted to handle the matter, an agency statement is also required.
(4) When applying for trademark transfer, if the transferee is a natural person, the following matters should be noted:
A. Individual industrial and commercial households may apply for trademark transfer in the name of the Business License for Individual Industrial and Commercial Households and the name of the assignee, or they may apply for trademark transfer in the name of the assignee. Charge a license fee. When submitting an application in the name of the person in charge, a copy of the following materials shall be submitted:
① ID card of the person in charge;
② Business license.
B an individual partnership enterprise may submit an application for trademark transfer in the name of the transferee, the font size indicated in the business license or the name of the registration document of the relevant competent department, or it may also submit an application for trademark transfer at the same time. The names of all partners. When submitting an application in the name of all partners, copies of the following materials shall be submitted:
(1) Partner's ID card;
② Business license;
③ Partnership agreement.
C a rural contractor may apply for trademark transfer in the name of the contractor, and a copy of the following materials shall be submitted when applying:
① ID card of the signatory;
2 contract.
D other natural persons engaged in business activities according to law may apply for trademark transfer in the name of the business operators listed in the registration documents issued by the relevant administrative departments. Copies of the following materials shall be submitted when applying:
(a) the identity card of the operator;
② Registration documents issued by relevant administrative departments.
E trademark application for transfer, the transferee is a natural person, the scope of goods and services transferred by the trademark is limited to the business scope approved by the transferee in the business license or relevant registration documents, or agricultural and sideline products are restricted.
Since 20 13, some provinces and cities that have carried out the pilot reform of commercial registration system have begun to examine and approve new business licenses for individual industrial and commercial households. The new version of the business license for individual industrial and commercial households no longer records the business scope information, but sets the column of "Important Tips", indicating that the business scope of commercial entities is determined by the application, and the specific information can be inquired through the information platform designated by the registration agency. If the trademark transfer application document containing the copy of the new business license of the above-mentioned individual industrial and commercial households is handled by itself in the trademark registration hall, it shall be submitted at the same time with the person who signs or seals it. Confirm the authenticity and validity, and download and print from the website designated by the registration institution. Proof of scope; If the agent is represented by a trademark agency, it shall submit the business scope certificate downloaded and printed on the website designated by the registration authority, which shall be confirmed by the trademark agency.
F the trademark office will not accept the application for trademark transfer that does not meet the above requirements, and notify the applicant in writing.
(5) Where a trademark is transferred, if the transferor fails to seal it, the transferee shall submit the certificate or legal document that he has the right to accept the trademark. For example, if a company transfers its trademark due to merger, merger or reorganization, it shall submit the merger, merger or reorganization documents and the certificate issued by the registration department. The documents of merger, merger or reorganization shall prove that the transferee accepts the trademark right, and the registration department shall prove the relationship between the original registrant and the transferee and the actual state that the original registrant no longer exists. Where a trademark is transferred due to a court decision, a legal document issued by the court shall be submitted. The name of the executor of the legal document and the name of the enterprise that accepts the exclusive right to use a registered trademark shall be the name of the transferee and the name of the transferee. Competition.
(6) If the trademark applied for transfer is the same as * * *, the following matters should be noted:
A. a trademark is transferred by one person and enjoyed by many people. When filling in the application for transfer, the name and address of the transferee shall be filled in with the name and address of the agent, and the transferee shall affix the seal of the agent. * * * With the owner's name, fill in the list of other * * * owners and affix the seal. Don't need other people's addresses.
B. the trademark is transferred by more than one person and owned by one person. When filling in the application for transfer, the name and address of the transferor should be filled in with the name and address of the original representative, and the seal of the transferor should be stamped with the seal of the original representative; The name and address of the transferee shall be filled in the corresponding column and sealed. Before transferring the attached page, the names of other * * * owners should be filled in the list of other * * * owners, and their original addresses should be stamped.
C. Where the owner of the same trademark changes (including the increase or decrease of the owner) and applies for transfer, the name and address of the original representative shall be filled in when filling in the application form. And the address of the person applying for transfer. In this column, the seal of the transferor bears the seal of the original representative. Before transferring the attached page, the names of other * * * owners should be filled in the list of other * * * owners and stamped; The name and address of the transferee and the name and address of the agent after the transfer shall be filled in. The seal of the transferee shall be stamped with the seal of the transferee's representative. After the transfer, fill in the names and seals of other * * * owners in the list of other * * * owners. Addresses of other * * * people are not required in the attachment list.
(7) Where the transferred trademark is a collective trademark or a certification trademark, the following documents shall be submitted in addition to the application:
A. To transfer a collective trademark, it is necessary to submit a trademark transfer contract, a list of collective members, a copy of the transferee's qualification certificate and rules for the administration of trademark use;
B. Where a certification trademark is transferred, the trademark transfer contract, a copy of the transferee's qualification certificate, the transferee's inspection ability certificate and the trademark use management rules shall be submitted;
C. Where a collective trademark/certification trademark of geographical indications is transferred, a trademark transfer contract, a copy of the transfer qualification certificate, the approval of the local government or the approval of the competent department for the transfer of geographical indications, and the transferee's ability to supervise, inspect and manage the use of the trademark shall be submitted. .
Second, submit an application.
1. If the application is a direct application, the applicant shall submit the application in the acceptance window of the trademark registration hall.
2. Where a trademark agency is entrusted, the trademark agency shall serve the application to the Trademark Office.
Three. Payment of transfer fee
According to the category, the first-class registered trademark charges 500 yuan.
Entrusted by a trademark agency, the Trademark Office shall deduct the expenses from the advance payment of the trademark agency.
Extended data:
The following conditions shall be met.
1. Where a registered trademark is transferred to another person, it shall go through the formalities for the transfer of the registered trademark with the Trademark Office.
2. Where the exclusive right to use a trademark is transferred due to merger, merger or reorganization of enterprises, it shall go through the formalities for the transfer of a registered trademark at the Trademark Office.
3. Where the exclusive right to use a trademark is transferred according to law, the transfer formalities shall also be handled.
4. When transferring a trademark, it is necessary to transfer the similar trademark at hand. To transfer or transfer a trademark, an Application for Trademark Transfer/Registration shall be filled in. From September 15, 2002, a trademark that has been applied for but has not been approved for registration may also apply for transfer or assignment.
Baidu encyclopedia-trademark transfer
China National Intellectual Property Administration Trademark Office-Application for Transfer of Registered Trademarks