How much is the trademark transfer fee (for reference only)
The transfer application requires a transfer fee of 1000 yuan.
Where a trademark agency is entrusted, the applicant shall pay the transfer fee and agency fee to the trademark agency, and the transfer fee charged by the Trademark Office shall be deducted from the advance payment of the trademark agency.
The meaning of trademark transfer
Like any civil right, trademark right includes three parts: right subject, right object and right content. The subject of trademark right is the trademark owner, the object of right is the registered trademark, and the content of right is the property right enjoyed by the trademark owner to dedicate its registered trademark to a specific commodity or service.
The essence of trademark transfer only lies in the change of the subject of trademark right, that is, the replacement of trademark owner without changing the object and content of trademark right. The original trademark owner gives up the right to register a trademark through trademark transfer, and the new trademark owner obtains the exclusive right to use a registered trademark through transferee.
Therefore, trademark transfer should generally follow the intention expression of the trademark owner and assignee. China's Trademark Law also stipulates that the assignment of a registered trademark shall be signed by the assignor and the assignee. Therefore, any transfer of its registered trademark without the permission of the trademark owner will split the relationship between the trademark owner and the registered trademark, which is essentially an infringement of the trademark right. The owner of the original trademark has the right to bring a civil lawsuit to the people's court to confirm that the trademark transfer is invalid.
What is the trademark transfer procedure?
Trademark transfer refers to the act that a trademark registrant transfers the exclusive right to use a trademark to others within the validity period of a registered trademark in accordance with legal procedures. Trademark transfer generally has the following forms: contract transfer, subsequent transfer, and transfer due to administrative orders. There are two ways to apply for the transfer of a registered trademark: entrusting a nationally recognized trademark agency to handle it; The applicant goes directly to the trademark registration hall of the Trademark Office.
1. The trademark transfer process includes: application? Accept? Review? Announcement? Issue a transfer certificate.
2. Documents required for trademark transfer:
(1) trademark transfer registration application;
(2) Identification documents of the transferor and the transferee (photocopy);
(3) Submit the power of attorney issued by the transferee for the entrusted agent, and directly submit the original and photocopy of the ID card of the transferee's agent in the acceptance hall;
(four) to apply for transfer, it shall also submit the relevant documents;
(5) If the application documents are in a foreign language, a Chinese translation signed and confirmed by the translation agency shall also be provided.
3. Time for trademark transfer: It takes about 6- 10 months.
Matters needing attention in trademark transfer
1. Where a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods together.
2. One month after the application for transfer is submitted, the Trademark Office will send the Notice of Acceptance to the transferee according to the address filled in the application, and send a copy of the Notice of Acceptance to the registrant according to the address recorded by the Trademark Office.
3. If the transfer application does not meet the statutory requirements, the Trademark Office will notify the applicant in writing by post to make corrections within a time limit according to the address filled in the application.
4. After the transfer application is approved, the Trademark Office will mail the transfer certificate to the transferee according to the address filled in the application, and make an announcement on the transfer of the trademark. The date of signature on the certificate is the date of announcement, and the transferee enjoys the exclusive right to use the trademark from that date.
5. If the application for transfer cannot be approved for other reasons, the Trademark Office will notify the applicant in writing by post according to the address filled in the application.
6. If the transferee in the transfer application is owned by more than one person, the relevant notice or certificate of the Trademark Office will only be sent to the representative. Other * * * people who need proof shall apply for a replacement.
7. If the applicant entrusts a trademark agency to handle the transfer application, the Trademark Office will not have any direct contact with the applicant, and all documents will be sent to the trademark agency.
8. The category of application shall be filled in according to the international classification approved by the Trademark Registration Certificate.
How to avoid trademark transfer disputes
1. Trademark transfer must be approved by the State Trademark Office.
2. Where a trademark assignor registers several identical or similar trademarks on the same or similar goods, it shall assign them together.
3. The transferor of a trademark shall transfer the exclusive right to use a registered trademark as a whole, and may not transfer part of the goods designated for protection by a registered trademark.
4. The transferee of a registered trademark used for drugs, cigarettes, newspapers and magazines shall issue a valid certificate approved by the relevant department.
5. Where a trademark assignor licenses others to use its registered trademark, it must obtain the consent of the licensee before it can be transferred to a third party.
6. In trademark practice, it is best to notarize the transfer contract signed by both parties and submit it to the Trademark Office for review.
How to solve the dispute over trademark transfer
1. If the dispute is caused by internal problems of the enterprise, it belongs to the category of civil legal disputes, and the parties themselves need to safeguard their rights and interests through judicial proceedings.
2. Where the trademark transfer application is being reviewed by the Trademark Office, the Trademark Office will give the parties a reasonable period of time to handle it;
3. If a trademark dispute involves legal authority, the parties can only apply to the court to take evidence preservation measures, temporarily freeze the execution of the rights after the trademark transfer, and finally resolve the dispute through litigation.
4. If the trademark belongs to the problem of illegal transfer such as counterfeiting, it needs the local public security department to carry out criminal appraisal and then go through judicial procedures.
5. If the Trademark Office? Do not accept? 、? Not approved? Administrative disputes such as administrative rulings can be resolved by the parties through the State Administration for Industry and Commerce or administrative litigation.
The above is the trademark transfer fee provided by Bian Xiao. I hope everyone will like it!
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