What are the conditions for accepting trademark transfer?
The transfer agreement can be accepted if it meets the basic requirements. Trademark transfer is an act by which a trademark registrant transfers the exclusive right to use a trademark to another party in accordance with legal procedures during the validity period of the registered trademark. Trademark transfer generally takes the following forms: contractual transfer, inheritance transfer, and transfer due to administrative orders.
The following conditions must be met:
1. When transferring a registered trademark to another person, the Go to the Trademark Office to handle the transfer procedures for a registered trademark.
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. When handling a trademark transfer or transfer, you must fill out the "Transfer Application/Registered Trademark Application". 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.
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. If entrusting an agent, submit the "Authorization Letter" issued by the transferee, and if it is processed directly in the acceptance hall, submit the original and copy of the ID card of the transferee's handler;
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 provide a Chinese translation signed and confirmed by a translation agency.
3. Trademark transfer time: It takes about 6-10 months.
The transfer of a registered trademark is an act by which the trademark registrant transfers the exclusive right to use the trademark to another party in accordance with legal procedures during the validity period of the registered trademark.
The transfer of registered trademarks generally takes the following forms:
Contract transfer
The transferor stipulates the content of the transferred registered trademark, mutual rights, obligations and liability for breach of contract through a contract. This form of transfer is generally paid, that is, the transferor registers through the transfer A certain transfer fee will be charged for the exclusive right to use the trademark.Succession and transfer
There are two situations for the succession and transfer of a registered trademark: (1) After the registered owner (natural person) dies, that is, after the end of his life, the heirs will inherit all the registered trademarks owned by the deceased according to the inheritance procedure. (2) Succession and transfer when the enterprise as the owner of the registered trademark is merged or merged.
Transfer due to administrative order
This form of transfer generally occurs in countries with public ownership. The administrative orders mentioned here are mainly those plans and administrations that cause the transfer of property. For example, if my country's state-owned enterprises are divided, merged, dissolved or transferred according to administrative orders, the subject of the registered trademark will inevitably change.
If you still don't understand something , you may wish to consult with the lawyers at our Legal Savior Network.
No comments yet. Say something...