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What is the process required for the transfer of trademarks

What is the process of transferring a trademark? How to handle the transfer of trademarks? Small make up the organized trademark transfer process to share with you, welcome to read, just for reference oh! Text is too long, not as good as looking at the trademark transfer topic 》》》》

Trademark transfer process

Generally speaking, the transfer of trademarks need to go through the following process and provide the relevant materials:

1, the transfer of trademarks process includes: application, acceptance, review, announcement, and issuance of proof of transfer.

2, trademark transfer documents required:

(1) "application for transfer, application for registration of trademarks";

(2) the transferor and transferee identity documents (copy) (the company is the business license, need to be stamped);

(3) entrusted to the agent to submit the transferee issued by the "agency power of attorney", directly in the acceptance of the hall to handle

(4) If the application is for transfer, the relevant documents should also be submitted;

(5) If the application document is in a foreign language, it should also be provided with a Chinese translation confirmed by the translation agency's signature.

The applicant can entrust the State Administration for Industry and Commerce accredited organization with the qualification of trademark agent, or can go to the State Trademark Office Trademark Registration Hall for direct processing.

How to handle the transfer of trademarks

1, the process of trademark transfer includes: application → acceptance → examination → announcement → issuance of transfer certificate.

2, the trademark transfer documents required:

A, "application for transfer, application for registration of trademarks";

B, the transferor and transferee identity documents (copies);

C, entrusted to the agent to submit the transferee issued by the "agency letter of attorney", directly in the acceptance of the hall to submit the transferee operator's identity card originals and photocopies;.

D, the application for transfer, should also be submitted to the relevant documents;

E, the application documents in a foreign language, should also be provided by the translation agency to sign the Chinese translation.

3, trademark transfer time: about 6-10 months.

How much money is generally needed for trademark transfer

Trademark transfer fees generally include two parts:

1, trademark transfer fee: the cost of applying for the transfer of a trademark is 1,000 yuan, the acceptance of the fee is paid directly into the State Trademark Office, the State Trademark Office to collect the official fee of 1,000 yuan;

2, the trademark transfer agent fee: if you entrust the agent, you need to pay a certain agent fee. separately pay a certain agency fee.

Which trademark transfer behavior is invalid

According to the "Chinese People's *** and the State Trademark Law" and the State Council issued the "Chinese People's *** and the State Trademark Law Enforcement Regulations," the transfer of the exclusive right to use registered trademarks, the transferor and the transferee shall sign a transfer agreement, and *** with the trademark office to apply for. However, the following cases transfer behavior is invalid:

1, trademark registration certificate is invalid. This kind of situation is generally refers to the expiration of the validity of the registered trademark and in the six-month grace period did not apply for renewal, or the registered trademark for three consecutive years to stop using; or the trademark office has been canceled trademark.

2, the transfer of unauthorized changes in the registered trademark text, graphics and its combination. Registered trademarks are validated by the State Trademark Office for the record, the user shall not be unauthorized changes. Unauthorized changes in the registered trademark shall not be transferred, and is not protected by law.

3, without the approval of the relevant departments, to change the name and address of the registrant, as well as other matters without going through the procedures for change. Registrant's name, address has the characteristics of uniqueness and certainty, is to determine the exclusive rights of the owner of the registered trademark is an important basis, shall not be changed arbitrarily. Unauthorized changes are not protected by law.

4, the transfer of the registered trademark may produce misrecognition, confusion or other adverse effects of the application. Registered trademark after a long period of use, may have been familiar to the relevant public, consumers may use the same registered trademark of the goods associated. When a registered trademark is transferred, it is particularly likely to cause confusion and misrecognition. In order to protect the interests of consumers and avoid confusion and misidentification, the law provides that the Trademark Office shall not approve the application for the transfer of a registered trademark that is likely to give rise to misidentification, confusion or other adverse effects, and shall notify the applicant in writing and explain the reasons.

5, the trademark registrant in the same or similar goods on the same or similar trademarks registered, did not transfer. The same or similar goods registered on the same or similar trademarks, should be transferred together, otherwise, it is easy to cause confusion and misunderstanding to consumers, the loss of protection of the significance of trademark exclusivity. Therefore, the law provides that the same or similar trademarks registered on the same or similar goods should be transferred together.

The above is the trademark transfer process, I hope it can help you.

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