What conditions need to be met for food trademark transfer
1. If you transfer a registered trademark to another person, you should go to the Trademark Office Handle the transfer procedures for registered trademarks.
2. Due to corporate mergers, mergers or restructuring If the exclusive right to use a trademark is transferred, the registered trademark transfer procedures must be handled at the Trademark Office.
3. Transfer of trademark exclusive rights in accordance with court judgment If transferred, the transfer procedures should also be completed.
4. When transferring a trademark, it must be transferred together with the trademark in hand Similar trademarks on the trademark. When handling the transfer or transfer of a trademark, the "Transfer Application/Registered Trademark Application Form" must be filled out.
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 "Agency Letter" issued by the transferee, and if handling it directly in the acceptance hall, submit the original and copy of the ID card of the transferee's handler;
D. If applying for transfer, you must also submit relevant Supporting documents;
E. If the application documents are in a foreign language, a Chinese translation signed and confirmed by the translation agency should also be provided.
Requirements for submitting application documents:
1. Fill in the application form one by one, and it must be typed or printed;
2. For the transfer of each trademark (each registration number), an application form should be submitted and stamped with transfer The seal or signature of the person or transferee shall be handled by the transferee;
3. If the applicant goes directly to the trademark registration hall, in addition to submitting the application, he must also submit copies of the business licenses of both the transferor and the transferee with the official seal of the unit and the person in charge. The original and copy of the identity card (it is not necessary to provide a copy of the transferor's identity document when applying for transfer); the transferee is a natural person and is applying for it in person. Show his/her identity card and submit the transferor's and transferee's identity documents. A copy of the person’s identity document is enough. If you entrust a trademark agency to handle the matter, you also need to submit a trademark agency power of attorney.
What conditions need to be met for trademark transactions
1. Provide relevant documents
Documents and materials required:
1. "Trademark Agency Power of Attorney": If you entrust a trademark agency to act as an agent, you must provide a power of attorney with the seal of the Assignee. The assignee outside the mainland must be in China If you apply for trademark transfer, you must entrust a trademark agency.
2. "Application for Transfer of Registered Trademark": If an agency is entrusted to apply for trademark transfer, it will be prepared by the agency and stamped or signed by the transferor and the transferee.
3. The transferee’s business license or institutions, associations and other groups with legal personality Copies of the organization’s certification documents. If the transferee is outside the mainland, such documents are not required.
4. Special certification materials:
1) The transferor uses it for medicines, medical nutritional foods, and medical nutrition When transferring registered trademarks for beverages and baby food, the transferee needs to provide certification documents from the health administration department, namely the "Drug Manufacturing Enterprise License" or "Drug Trading Enterprise License". If the above two certificates have not been obtained, the transferee must provide Approval document issued by the health administrative department agreeing to establish a pharmaceutical production or operating enterprise; if the transferor uses it as a disinfectant trademark, the transferee must provide a certificate from the health and epidemic prevention department.
2) Transfer of cigarettes, cigars and packaged products For the trademark of cut tobacco, the transferee must provide documents proving production approval by the national tobacco administration department. Applicants outside mainland China do not require such documents.
3) The enterprise due to merger, separation or merger Therefore, if the transfer procedures are not completed in time and the stamp has become invalid, the transferor's stamp may not be affixed, but valid certification documents from the transferor's competent department or certification documents from the local industrial and commercial administration department must be provided.
The above content is the relevant answer, if you still If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
