Do I need to apply to transfer a trademark?
Application is required to transfer a trademark
1. The trademark transfer process includes: application → acceptance → review → announcement → issuance of transfer certificate.
2. Documents required for trademark transfer:
A. "Transfer Application/Registered Trademark Application" 》;
B. Identity documents (copies) of the transferor and transferee;
C. To entrust an agent, submit the "Agency Letter" issued by the transferor and the transferee respectively, and to apply directly in the acceptance hall, submit the original and copy of the ID card of the person in charge of the transferee;
D. If you apply for transfer, you should also submit relevant supporting documents;
E. If the application documents are in a foreign language, you should also submit Provide a Chinese translation signed and confirmed by the translation agency.
3. Trademark transfer time: It takes about 6-10 months.
Trademark transfer
1. If you transfer a Registered trademark to another person, you must go to the Trademark Office to register it. Trademark transfer procedures.
2. If the exclusive right to use a trademark is transferred due to a business merger, merger or restructuring, the registered trademark transfer procedures should be handled at the Trademark Office.
3. If the exclusive right to use a trademark is transferred in accordance with a court decision, the transfer procedures must also be completed.
4. When transferring a trademark, you must also transfer the similar trademark on hand.
Processing trademark transfer or transferThe Transfer Application/Registered Trademark Application Form should be filled out. Since September 15, 2002, trademarks that have been applied for but have not yet been approved for registration can also apply for assignment or transfer.
Forms of transfer
The transfer forms of registered trademarks include contractual transfer and inheritance transfer. Contract transfer refers to the transfer of a registered trademark by signing a transfer contract between the transferor and the transferee; inheritance transfer refers to the death or incapacity of an individual or an individual business owner registered in accordance with the law, and the legal heir inherits his or her registered trademark. .
In practice, a large number of transferred registered trademarks are transferred and registered by contract. To transfer a registered trademark, certain procedures must be completed in accordance with the law, and the transfer registration must be approved by the Trademark Office before the transfer registration can take effect. Transferring a registered trademark without going through the relevant procedures with the Trademark Office is an act of self-transfer of a registered trademark. According to the provisions of Article 44 of the Trademark Law, one will be subject to administrative penalties. In serious cases, the registered trademark may be revoked.
After many enterprises or companies go bankrupt or for some reasons, they need to transfer their trademarks. Transferring trademarks requires certain documents and procedures, so you must understand the relevant knowledge. Only in order to correctly transfer trademark rights, the above is the relevant transfer of trademark rights that the editor of Legal Savior Network found online for you. I hope it can help you! If you have any questions, please feel free to consult a lawyer on this website.
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