What does trademark transfer agency mean?

A trademark is a sign that can distinguish one's own goods or services from those of others. The trademark registrant's right to use the trademark is protected by the Trademark Law, and trademark transfer means that the trademark registrant transfers the trademark in accordance with legal procedures. to others. So, what does trademark transfer agency mean? The following is the relevant knowledge compiled for you by the editor of Legal Savior Network.

What does trademark transfer agency mean?

Trademark transfer agency means that the trademark registrant finds a third party as an agent. Within the validity period of a registered trademark, it is an act of transferring the exclusive right of a trademark to another party in accordance with legal procedures.

1. What is trademark transfer

Transfer of registered trademark, It means that the trademark owner transfers his registered trademark to others in accordance with the law. The trademark owner is the assignor, and the other party is the assignee. The transferee obtains the exclusive right to use a trademark and pays a certain price, and the original trademark owner no longer enjoys the trademark rights. The acquisition of trademark rights follows legal procedures and is confirmed by the state. The transfer of trademark rights is therefore different from the transfer of general property. In addition to the consent of both parties, legal procedures must also be fulfilled. Article 42 of the Trademark Law stipulates that “To transfer a registered trademark, 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 and transfer the registration After the trademark is approved, it will be announced. The assignee shall have the exclusive right to use the trademark from the date of announcement." When transferring a registered trademark, the transferor and the transferee shall submit an application for transfer of a registered trademark to the Trademark Office. , the application procedures for transferring a registered trademark shall be handled by the transferee. After the Trademark Office approves the application for transfer of a registered trademark, it will issue a corresponding certificate to the transferee and make an announcement accordingly. This kind of application, approval and registration due to transfer is called "transfer registration'.

2. What conditions need to be met for trademark transfer

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1. If you transfer a registered trademark to another person, you should go to the Trademark Office to go through the transfer procedures of the 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 according to a court decision, the transfer procedures must also be completed.

4. TransferWhen transferring a trademark, you must also transfer the similar trademark on hand. To handle the transfer or transfer of a trademark, 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.

3. Specific process of trademark transfer

Generally speaking, trademark transfer You need to go through the following processes and provide relevant materials:

1. The trademark transfer process includes: application, acceptance, review, announcement, and issuance of transfer certificate.

2. Documents required for trademark transfer:

(1) "Transfer Application, Registered Trademark Application" Book";

(2) Identity documents (copies) of the transferor and transferee (a company is a business license, which needs to be stamped with the official seal);

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(3) If the agent is entrusted, submit the "Agency Letter" issued by the transferee, and if handled directly in the acceptance hall, submit the original ID card of the transferee's handler and Copy;

(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 a translation agency should also be provided.

Applicants 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.

Trademark transfer means that the trademark registrant transfers the trademark to another person in accordance with legal procedures. The above is the relevant knowledge compiled by the editor of Legal Savior Network for you. If you still have questions about this issue, Legal Savior Network also provides online lawyer consultation services to help you at any time.