How long does it take for the preliminary review announcement of trademark transfer
How long does it take for a preliminary review announcement to be issued for trademark transfer? It depends on the progress of the review. .
The trademark preliminary examination announcement period is 3 months.
The preliminary examination announcement of a trademark refers to the examination of the trademark registration application Afterwards, if it complies with the relevant provisions of the Trademark Law, it will be allowed to register a trademark. And be announced in the "Trademark Announcement". If no one raises objections to a trademark subject to preliminary examination within three months from the date of publication of the preliminary examination announcement, the trademark will be registered and a registration announcement will be published at the same time.
No objection or objection has been raised within three months If it is ruled that it is not established, the trademark will be registered and take effect, and a registration certificate will be issued.
What are the matters needing attention in the transfer of trademark rights
1. Trademark rights have a limited time limit. Therefore, before entering into a trademark rights transfer contract and a trademark right use license contract, Before proceeding, you should first examine whether the subject matter of the contract is still within its validity period, how long the validity period is, whether registration procedures have been completed, etc. This is to prevent certain units, individual industrial and commercial households, individual partnerships, etc. from being no longer protected by law. A trademark, that is, a trademark without the exclusive right to use the trademark is transferred to others or allowed to be used by others, thereby deceiving the other party.
2. The transfer of trademark rights must be carried out in accordance with the methods and procedures prescribed by law, and no transfer is allowed.
3. When a person licenses others to use his registered trademark, he must sign a trademark license contract. The licensor and the licensee shall, on the date of signing the license contract, A copy of the license contract shall be submitted to the county-level industrial and commercial administration authority for review, and the licensor shall submit it to the Trademark Office for filing, and the Trademark Office shall announce it.
4. When transferring registered trademarks for human medicines, tobacco products and other goods for which the country requires the use of registered trademarks, the transferee shall provide relevant information Certification documents from the department: If the transferee uses a registered trademark for drugs, the certification document issued by the health administrative department shall be attached; for the transferee of registered trademarks for cigarettes, cigars and packaged cut tobacco, a certificate of production approval by the national tobacco authority shall be attached. Certification documents; for transfers of registered trademarks for other goods that require the use of registered trademarks in other countries, the approval documents from the relevant competent authorities should be attached.
5. If you license others to use registered trademarks of human medicines, tobacco products, and other products that are required to use registered trademarks by other countries, the license will be approved when a copy of the license contract is submitted to the county-level industrial and commercial administration authority for review. The person shall attach the certification document issued by the health administrative department or the national tobacco regulatory authority's approval of production, or the approval certification document of other relevant competent departments. Failure to provide the above approval certification documents shall be required by the industrial and commercial administration authority or the Trademark Office. If you still refuse to provide the above approval documents, the licensee will be deemed to be unqualified and the trademark license contract will be invalid.
6. When signing a trademark rights transfer and licensing contract, you should examine whether the other party has the corresponding qualifications, that is, whether it is an enterprise, institution, or social group established in accordance with the law. , individual industrial and commercial households, individual partnerships and in accordance with the agreement signed by their country and the People's Republic of China or the international treaty they both participate in or according to the principle of reciprocity, they can become the subject of the trademark right transfer and license contract. For those who do not have the corresponding qualifications, The counterparty shall not sign a trademark rights transfer and license contract with it; if the signing procedures have been completed, the contract shall be invalid or deemed to have not been established at all.
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