What is the specific process for trademark transfer application?

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. What is the specific process for applying for trademark transfer? The editor of Legal Savior Network has compiled relevant knowledge for you, hoping it will be helpful to you.

What is the specific process for trademark transfer application

Sign a trademark transfer agreement and agree on the corresponding matters. The transferor and transferee submit to the Trademark Office an application for transfer of a registered trademark, a copy of the trademark registration certificate, a copy of the business license or ID card of the transferor and transferee, and other materials. 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 the transferee a corresponding certificate and make an announcement.

If the applicant is familiar with trademark laws, regulations and related procedures, and the postal service at his usual residence or business place is in good condition, he can go directly to the Trademark Office; if he does not meet the above conditions , it is best to entrust a trademark agency to act as an agent; foreigners or foreign enterprises that do not have a regular residence or business place in China should entrust a trademark agency to handle the transfer registration in China. In the process of reviewing trademark transfers, the Trademark Office often issues various documents to the applicant, such as notices of correction, notices of rejection, etc. Most of these documents require the applicant to make certain modifications to the original application content and respond. These documents are generally mailed through the post office. In view of the fact that the postal channels in some areas of our country are not very smooth, and some applicants' addresses have changed, applicants often fail to receive documents issued by the Trademark Office, which affects the transfer registration process.

Form of transfer:

1. Transfer by contract: The transferor stipulates the transfer of the registered trademark through a contract The content, mutual rights, obligations and liability for breach of contract, etc. This form of transfer is generally paid, that is, the transferor charges a certain transfer fee by transferring the exclusive right to a registered trademark.

2. Successive transfer: There are two situations for the successful transfer of a registered trademark: (1) After the death of the registered owner (natural person), that is, after the end of his life, An heir shall 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.

3: Transfer due to administrative order: This form of transfer generally occurs in public ownership countriesHome. 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 registered trademarks will inevitably change.

Preparation before transfer:

Confirm whether the transferee is qualified as a trademark registrant. If the transferee is an enterprise, the scope of goods and services applied for trademark transfer shall be limited to the business scope approved by the transferee in the business license or relevant registration documents, or to its self-operated agricultural and sideline products.

Check out the trademarks and confirm whether the transferor has the same or similar trademarks registered on the same or similar goods. If so, they should be transferred together; otherwise, the trademarks After accepting the application, the Trademark Office will notify the applicant to make corrections within a time limit; if no correction is made within the time limit, the application for transfer of the registered trademark will be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.

Confirm whether the transferor has licensed others to use it before the transfer. If so, it should be confirmed with the licensee.

In addition, if the transfer is a trademark under application or a trademark that has been opposed, the transferee should consider the risks of the transfer. Relatively speaking, the transfer risk of registered trademarks is the lowest.

Time required

1. The Trademark Office will issue the " "Notice of Acceptance", and at the same time, a copy of the "Notice of Acceptance" will be sent to the registrant according to the registrant's address recorded in the Trademark Office for the transferred trademark.

2. You can receive the transfer "Certificate of Approval of Transfer of Registered Trademark" three to four months from the date of establishment of application. This certificate must be used together with the original Trademark Registration Certificate.

3. The date marked on the "Certificate of Approval of Transfer of Registered Trademark" is the effective date of transfer registration.

4. If the transferee is shared by multiple persons, the relevant notice or certificate from the Trademark Office will only be issued to the representative. If other co-owners need proof, they should apply for a reissue.

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, Welcome to the Legal Savior Network for consultation.