1. How long does it take to transfer trademark rights?
1. Transfer of trademark rights It takes about eight to ten months. According to relevant legal provisions, when transferring a Registered trademark, the transferor and the transferee should sign a transfer agreement and jointly file an application with the Trademark Office. The process of patent transfer includes application, acceptance, review, announcement, and issuance of transfer certificate.
2. Legal basis: Article 42 of the Trademark Law of the People's Republic of China, when a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement , and jointly file an application with the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark. When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods. 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.
2. Issues to note when transferring trademark rights
1. Trademark rights have a limited time limit. Before entering into a trademark rights transfer contract and a trademark rights license contract, you should first examine whether the trademark exclusive rights that are the subject of the contract are still within its validity period, how long the validity period is, and whether the registration renewal procedures have been completed. This is to prevent certain units, individual industrial and commercial households, individual partnerships, etc. from deceiving the other party by transferring the trademark that is no longer protected by law, that is, the trademark without the exclusive right to use the trademark to others or allowing others to use it.
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. If a trademark registrant allows others to use its registered trademark, it must sign a trademark license contract. The licensor and the licensee shall, within three months from the date of signing the license contract, submit a copy of the license contract to the county-level industrial and commercial administration authority where they are located for review. The licensor shall submit it to the Trademark Office for filing, and the Trademark Office shall make it public.tell.
4. When transferring registered trademarks for human medicines, tobacco products and other goods for which the country stipulates that registered trademarks must be used, the transferee shall provide certification documents from relevant departments. : If the transferee uses a registered trademark for pharmaceuticals, a certification document issued by the health administrative department shall be attached; for a transferee of a registered trademark for cigarettes, cigars and packaged cut tobacco, a certification document issued by the national tobacco authority for approval of production shall be attached; For transfers of registered trademarks for other goods that require the use of registered trademarks in other countries, 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 goods that require the use of registered trademarks in other countries, you must submit a copy of the license contract to the When checking with the industrial and commercial administration at the county level where the licensee is located, the licensee shall attach the certification document issued by the health administrative department or the production approval document by the national tobacco authority, or the approval document by other relevant competent authorities. If the above-mentioned approval documents are not provided, and the applicant still refuses to provide the above-mentioned approval documents when ordered to do so by the industrial and commercial administration or the Trademark Office, the licensee shall be deemed to be unqualified and the trademark right use license contract shall be invalid.
6. When signing a trademark transfer and licensing contract, you should examine whether the other party has the corresponding qualifications, that is, whether it is an enterprise, institution, or society established in accordance with the law. Groups, individual industrial and commercial households, individual partnerships and in accordance with the agreement signed between the country where they belong and the People's Republic of China or the international treaty they both participate in or based on the principle of reciprocity can become the subject of the trademark right transfer and licensing contract.
I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
