Steps and materials of trademark transfer The first step is to prepare an application.
The application documents to be submitted are:
(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.
(6) Provide the trademark seller's statement from the notary office.
Second, submit the application step by step.
1. If the applicant goes directly to the trademark registration hall, after the application is ready, submit it in the acceptance window of the trademark registration hall, and the staff at the window will confirm whether the application is qualified.
2. Where a trademark agency is entrusted, the trademark agency shall serve the application to the Trademark Office.
Step 3: Pay the transfer fee.
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.
How long does it take to handle trademark transfer Judging from the current review time of trademark transfer, if a notarized trademark transfer application or trademark transfer agreement is submitted at the same time, the Trademark Office will approve the trademark transfer in about 6 months and issue a Trademark Transfer Approval Letter. If the above notarized materials are not submitted at the time of submission, corrections can be issued, and the time for approving the transfer is correspondingly extended, about 8- 12 months.
After receiving the application for withdrawal of trademark transfer, the Trademark Office considers that it can be withdrawn after examination and approval, and notifies the applicant in writing to confirm the intention of withdrawal. If the transferor and transferee confirm the withdrawal, the Trademark Office shall not approve the transfer application. If the transferor or transferee of a trademark fails to confirm its intention to withdraw, the Trademark Office will continue to examine the application for transfer according to normal working procedures.
How to review the effectiveness of a trademark transfer contract The effectiveness of a trademark transfer contract is mainly to review whether the contract is invalid or revocable, whether the transferred trademark is a trademark frozen by the people's court, and whether it is a trademark registered as a pledge.
1. Review whether there is any situation stipulated in Article 52 of the Contract Law of China in the contract. Article 52 of the Contract Law stipulates that a contract is invalid under any of the following circumstances:
(1) One party enters into a contract by means of fraud or coercion, which harms the national interests;
(2) Malicious collusion that harms the interests of the state, the collective or a third party;
(3) Covering up illegal purposes in a legal form;
(4) damaging the public interest;
(5) Violating the mandatory provisions of laws and administrative regulations.
Article 54 of the Contract Law stipulates that one party has the right to request the people's court or arbitration institution to modify or terminate the following contracts:
(1) was concluded due to major misunderstanding;
(2) obviously unfair at the time of conclusion of the contract.
If one party leads the other party to conclude a contract against its true meaning by fraud, coercion or taking advantage of others' danger, the injured party has the right to request the people's court or arbitration institution to modify or cancel it. The people's court or arbitration institution shall not revoke the request of the parties.
2. Examine whether the transferred trademark is a trademark frozen by the people's court or registered as a pledge.
Trademark transfer materials
Bajie: China's trademark transaction leads the transfer of brand trademarks. 14 focuses on trademark transfer and trademark registration agency services, and the amount of trademark registration and transfer is far ahead in China! Trademark registration is convenient, the trademark transfer process is smooth, and you can buy and sell trademarks by looking for Bajie! The service scope covers Beijing, Shanghai, Guangzhou, Shenzhen, Tianjin, Zhengzhou, Hangzhou, Nanjing, Jinan, Chongqing, Qingdao, Dalian, Ningbo, Xiamen, Chengdu, Wuhan, Harbin, Shenyang, Xi 'an, Changchun, Changsha, Fuzhou, Shijiazhuang, Suzhou, Foshan, Dongguan, Wuxi, Yantai, Taiyuan, Hefei and Nanchang. Hotline: trademark transfer