How long does it take for a trademark transfer to be completed
Under normal circumstances, 6 -The Trademark Office will issue a transfer certificate in about 8 months and publish an announcement on the transfer of the trademark. The date of signature on the certificate is the date of announcement. The transferee shall enjoy the exclusive right to use the trademark from that date. The original trademark certificate and transfer certificate shall be used together.
"Trademark Law of the People's Republic of China"
Article 42 Transfer of registered trademarks , the transferor and the transferee shall sign a transfer agreement and jointly submit an application to the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark.
When a registered trademark is transferred, the trademark registrant shall transfer similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods. , should be transferred together.
For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons.
After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.
How much does it cost
Trademark transfer fees generally include two parts:
1. Trademark transfer acceptance fee: The fee for applying to transfer a trademark is 1,000 yuan, and the acceptance fee is directly Pay it to the National Trademark Office, which charges an official fee of 1,000 yuan;
2. Trademark transfer agency fee: If you entrust an agency, you will need to pay a certain amount in addition. agency fees.
How to transfer trademarks
Generally speaking, trademark transfer requires the following processes and the provision of relevant materials:
1. The trademark transfer process includes: application, acceptance, review, announcement, Issue a transfer certificate.
2. Documents required for trademark transfer:
(1)《 Transfer application, registered trademark application";
(2) Identity documents (copies) of the transferor and transferee (the company is a business license, which is required Stamped with official seal);
(3) "Authorization Letter" issued by the transferee who entrusts an agent, or the transferee who handles it directly in the acceptance hall The original and copy of the identity card of the person in charge;
(4) If applying for transfer, relevant supporting documents should also be submitted;
(5) If the application documents are in a foreign language, a Chinese translation signed and confirmed by the translation agency should also be provided.
Application People can entrust an organization with trademark agency qualifications recognized by the State Administration for Industry and Commerce to act as an agent, or they can go to the Trademark Registration Hall of the State Trademark Office to apply directly.
What is the essence of trademark transfer
Like any civil rights, trademark rights include three parts: the subject of the right, the object of the right and the content of the right. The trademark right The subject of rights is the trademark owner, the object of rights is the registered trademark, and the content of the rights is the property right enjoyed by the trademark owner to exclusively use the registered trademark for specific goods or services.
The essence of trademark transfer lies only in the change of the subject of the trademark right, that is, without changing the object and content of the trademark right, the replacement of the trademark owner is achieved. The original trademark owner gives up the right to the registered trademark through the act of trademark transfer. rights, the new trademark owner obtains the exclusive right to the registered trademark through the transfer.
Therefore,Trademark transfer should generally follow the expression of intention of the trademark owner and the transferee. my country's Trademark Law also stipulates that the transfer of a registered trademark shall require the transferor and transferee to sign a transfer agreement. Therefore, any act of transferring a registered trademark without the permission of the trademark owner severs the relationship between the trademark owner and the registered trademark, and is essentially an infringement of trademark rights. The original trademark owner has the right to apply to the People's Court for confirmation of the trademark. Civil action to invalidate the transfer.
The above knowledge is the editor's answer to the question "How long does it take to complete the trademark transfer and how much does it cost?" How long does it take to process the trademark transfer? There is no express provision, but in practice it generally takes 6-8 months to process. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
