What is the procedure for a company to transfer a trademark?
The trademark transfer process includes: application, acceptance, review, announcement, Issue transfer certificate.
Materials required for trademark transfer
1. "Letter of Power": entrust a trademark agency to act as agent If required, a power of attorney stamped with the transferee's seal is required. If transferees outside the mainland want to apply for trademark transfer in China, they must entrust a trademark agency to do so.
2. "Application Form for Transfer of Registered Trademark": If an agency is entrusted to apply for trademark transfer, it will be prepared by the agency and signed by the transferor and the transferee. seal or signature.
3. Copies of the transferee’s business license or certification documents of institutions, associations and other organizations with legal person status. 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, When the registered trademarks of medical nutritional drinks and baby food are transferred, the transferee needs to provide certification documents from the health administrative department, namely the "Drug Manufacturing Enterprise License" or "Drug Trading Enterprise License". If the above two certificates have not been obtained, , provide the approval document issued by the health administrative department agreeing to establish a pharmaceutical production or operating enterprise; if the transferor uses it for a disinfectant trademark, the transferee must provide a certificate from the health and epidemic prevention department.
2) When transferring trademarks for cigarettes, cigars and packaged cut tobacco, the transferee must provide documents proving production approval by the national tobacco authority. Applicants outside mainland China do not require such documents.
3) If the enterprise fails to complete the transfer procedures in time due to merger, separation or merger and the stamp has become invalid, the transferor’s stamp is not required, but the transfer must be provided Valid certification documents from the competent authority or certification documents from the local industrial and commercial administration department.
According to the relevant provisions of our country’s laws and combined with judicial practice. When signing a trademark transfer agreement or trademark transfer contract, you should pay attention to the following points:1. Understand the attributes of the transferred trademark
It is necessary to clearly know whether the transferred trademark is a "registered trademark" or an "applied trademark". Because only a "registered trademark" has the exclusive right to use a trademark, while an "application trademark" only has the right to apply first.
2. Issues that should be paid attention to when transferring registered trademarks
(1) Illegal transfer issues
The so-called illegal transfer of a registered trademark means that the transferor of the registered trademark is not the owner of the registered trademark, or cannot represent all trademark owners, or the transferor has not registered the trademark rights. The owner agrees, but secretly transfers his registered trademark through improper means such as concealment, fraud, forgery, etc. Due to the objective loopholes in the existing trademark transfer procedures, it is not difficult to do such a thing. Although it is entirely possible to solve and protect the interests of the trademark rights holders through legal means afterwards, the heavy losses suffered by the parties will be irreparable. of.
(2) Issue of invalid transfer
The so-called invalid transfer means that the transfer of a registered trademark does not comply with the trademark Due to the restrictions stipulated by the law, although both parties to the trademark transfer have signed a trademark transfer agreement and Party B has paid the trademark transfer fee, it is impossible for the registered trademark transfer application to be approved by the State Trademark Office. Therefore, the transfer of the trademark is Invalid, because the trademark cannot be approved for transfer, so the owner of the trademark remains unchanged.
Since the National Trademark Office takes at least half a year to review the transfer of a registered trademark, it can take up to more than a year. In addition, after both parties to the transfer sign a trademark transfer agreement, You need to pay the transfer fee, prepare relevant trademark transfer application documents, mail and print them, etc. Therefore, after the trademark transfer agreement is signed, the transferee cannot immediately determine whether the transferred trademark can be approved for transfer and registration by the State Trademark Office, and it will take at least six months to do so
(3) Partial transfer issue
The so-called partial transfer means that the transferor of the registered trademark has not transferred other similar rights related to the transferred trademark. Similar trademarks are also transferred to the trademark assignee,Instead, the transferor intentionally or unintentionally retains or conceals some similar trademarks that are similar to the transferred trademark. After the transfer of the trademark, the transferor can still use other trademarks that are similar to the transferred trademark, causing substantial harm to the trademark transferee. .
(4) Concealing the rights and interests of the transferred trademark
The trademark transferor is transferring the trademark At the time, it was concealed that the trademark had been licensed to others to use, pledged for debts, transferred, etc. before the transfer, which affected the rights and interests of the trademark transferee after the transfer of the trademark. The above is the relevant knowledge about the above issues compiled by Hualu editor for you. This website provides you with professional lawyer consultation. If you have any questions, you are welcome to enter the Legal Savior Network for consultation.