Does trademark transfer require notarization
The Trademark Law clearly states that the transferred registered trademark must be submitted to the State Administration for Industry and Commerce The transfer shall be registered with the Trademark Office. Transfer without registration shall be deemed as invalid transfer. However, the Trademark Law does not provide for the notarization of trademark transfers, and the relevant documents of the Trademark Office do not require this.
It is entirely up to the transferor and the transferee to decide whether to apply for notarization of trademark transfer. There are no mandatory regulations by relevant administrative agencies and laws, but it is still recommended when handling trademark transfer. Notarize. The purpose of notarization is to ensure the authenticity of the transferred trademark and the validity of the transfer contract. The phenomenon of transferring a trademark by impersonating the trademark registrant also exists in society. As a transferee who purchases a registered trademark, it is better to be cautious. .
The National Trademark Office’s filing is to register the transfer of a registered trademark. It will not supervise the signing and performance of the contract between the transferor and the transferee. The filing procedures are also This can only be done after signing the transfer contract. If the transferred registered trademark is not a real and valid trademark, the Trademark Office will not be able to register it, and the transferee will not be able to recover the fees previously paid to the transferor.
Notarization can ensure the legitimate rights and interests of the transferor and the transferee as much as possible. Notarization can not only ensure the authenticity of the registered trademark, but also notarize the transfer contract. A notarized transfer contract has legal effect and can effectively protect the interests of the transferor and transferee.
Of course, notarization is not a panacea. There has been a case where a trademark registrant applied to invalidate the notarization of a transfer contract signed by someone else under his/her name, and was eventually supported. However, the notarization will It provides an additional layer of protection for both parties involved in trademark transfer, so the editor recommends notarization when handling trademark transfer.
Trademarks are intangible assets, so in terms of rights and interests, trademark transfer needs to be witnessed by a national authority to ensure the legality of the trademark and the transferability of the trademark. The notary office is the national notary agency. It is a certification institution established in accordance with the law, not for profit, and independently performs notarial functions and assumes civil liability in accordance with the law. When you have a notarized certificate and submit the transfer procedures, the Trademark Office has an authoritative basis when reviewing, and it is also a manifestation of responsibility for both parties buying and selling trademarks.
The above content is the relevant answers. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
