How to handle trademark transfer procedures
(1) Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark. After the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement. ?
(2) Where a registered trademark is transferred, the transferor and the transferee shall submit an Application for Transfer of a Registered Trademark to the Trademark Office. The application procedures for the transfer of a registered trademark shall be handled by the assignee. After the Trademark Office approves the application for the transfer of a registered trademark, it shall issue a corresponding certificate to the assignee and make an announcement.
(3) Where a registered trademark is assigned, the trademark registrant shall assign the same or similar trademark registered on the same or similar goods; If they are not transferred together, the Trademark Office shall notify them to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be deemed as giving up the application for transferring the registered trademark, and the Trademark Office shall notify the applicant in writing. The Trademark Office shall not approve an application for assignment of a registered trademark that may cause misidentification, confusion or other adverse effects, and shall notify the applicant in writing and explain the reasons.
Procedures for trademark transfer
The first step is to prepare the 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 copy 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 window staff 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.
Matters needing attention in trademark transfer procedure
Regarding the handling of trademark transfer, it should be noted that:
(1) After signing the transfer agreement, the transferor and the transferee must apply to the State Trademark Office for approval. Only after the transfer is approved by the State Trademark Office can the transferee formally obtain the exclusive right to use the trademark.
(2) the same or similar trademarks registered on the same or similar goods shall be transferred together, otherwise, the Trademark Office shall be deemed to have abandoned the application for transfer;
(3) After accepting the application for assignment, the Trademark Office shall approve the application that meets the statutory conditions, and shall not approve the application that does not meet the statutory conditions.
In practice, some enterprises sign a trademark transfer agreement with others, pay the transfer money, use the other party's trademark or obtain the other party's trademark registration certificate, and then do not go through the trademark transfer approval procedures. Failure to obtain the approval procedures for the transfer from the Trademark Office means that the trademark ownership is still in the name of the transferor, the transferor is still the exclusive owner of the trademark in law, and the transferee has not obtained the trademark ownership recognized by law. Therefore, after concluding the trademark transfer agreement, you must apply for trademark transfer and obtain the Certificate of Transfer of Registered Trademark issued by the Trademark Office. Otherwise, it will be a huge legal risk for the transferee.
Which is more advantageous, trademark transfer or trademark licensing?
Trademark license, as the name implies, is to allow others to use the trademark within a certain period of time, and the trademark still belongs to the trademark owner; Trademark transfer is equivalent to buying a trademark, and the ownership belongs to the successful purchaser. As far as the time of obtaining a trademark is concerned, trademark transfer has more advantages than trademark registration and trademark license.
The act of selling a trademark to others by buying and selling is called trademark transfer in trademark law. Trademark transfer has three advantages that trademark license and trademark registration do not have: short time, the time of trademark transfer is generally about half a year, which is longer than that of trademark license, but the time spent is basically half that of self-registration. Small risk, here refers to the risk of obtaining the right to use a trademark. On the one hand, because trademark transfer is the sale of approved trademarks, there may be uncertainties such as trademark similarity and overlap, and compared with self-registered trademarks, these uncertainties cause relatively few winds. On the other hand, it can also avoid the situation that the trademark brand benefits generated by trademark licensing are used by others and avoid making wedding clothes for others. The third advantage is to own the trademark directly, which is also the most important advantage. Compared with trademark licensing, trademark transfer can directly obtain the registered trademark, instead of obtaining the right to use the trademark for a part of the time, which also avoids the brand interests generated in the process of trademark use being stolen by others.
Trademark transfer has the advantage that trademark license and trademark registration cannot be touched, which is more convenient and faster than trademark registration and less risky than trademark license. Because the well-known dispute between Wang Laoji and Jia Duobao is a dispute caused by trademark license. Therefore, in order to avoid the above-mentioned similar situations, if the merchants want to develop their own brands wholeheartedly and produce corresponding brand benefits, in addition to registering their own trademarks, trademark transfer is the only choice.
The above are the procedures required for trademark transfer provided by Bian Xiao. I hope everyone will like it!
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