What materials are required for notarization of trademark transfer
1. If the transferor or transferee is a citizen, he should submit the "Resident Identity Card" 》The original and a copy
2. If the transferor and transferee are corporate legal persons, the original or copy of the "Enterprise Legal Person Business License" and the original or copy should be submitted One copy, the original and one copy of the "Organization Code Certificate", the original and one copy of the legal representative's qualification certificate, the original and one copy of the legal representative's "Resident Identity Card" and a letter of introduction from the unit
3. If the transferor or transferee is from another organization, the relevant subject qualification certificate and the original identity certificate of the person in charge and the unit introduction letter should be submitted
4. If the transferor or transferee is a joint-stock enterprise, the company's articles of association and the original resolution of the shareholders' meeting approving the transfer or transfer of the right to use the trademark should be submitted
5. The original and copy of the registered trademark certificate, trademark ownership certificate and trademark pattern
6. If entrusting others to handle it, provide a valid "Power of Attorney" and the trustee's ID card.
Note: Registered trademarks must not exceed the validity period. Shared trademark exclusive rights should be evidenced by the written consent of the other co-owners. If you have licensed others to use the registered trademark, you must submit written proof that the licensee agrees to the transfer. When transferring registered trademarks for tobacco products, medicines, etc., certificates from the corresponding production authorities must be provided. The transfer agreement should include provisions on transfer and other related expenses. The notary may require the parties to submit additional supporting documents based on the specific circumstances of the notarization matter.
What is trademark transfer
Trademark transfer is the transfer of a trademark by the trademark registrant in accordance with the law during the validity period of the registered trademark. The act of transferring the exclusive right to use a trademark to another party through established procedures. Trademark transfer generally takes the following forms: contractual transfer, inheritance transfer, and transfer due to administrative orders.
Circumstances of trademark transfer:
1. If a registered trademark is transferred to another person, the trademark transfer The Bureau handles the transfer procedures for registered trademarks.
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 assignment or transfer, you must fill out the "Transfer Application/Registered Trademark Application Form". 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.
Notes on trademark transfer
(1) For trademark transfer, the transferor must transfer the entire trademark Transfer of rights, that is, transfer the exclusive rights on all goods approved for registration of the trademark to the transferee
(2) For registration on the same or similar goods If the trademarks are the same or similar, the transferor shall transfer the trademarks of the transferor together
(3) The transferred trademark must be a valid trademark
(4) If the transferor transfers a registered trademark of medicines, tobacco products, newspapers and magazines, the transferee shall provide certification from the relevant department in accordance with the provisions of the trademark implementation rules.
How to handle trademark transfer procedures
(1) Submit a "Transfer Application" to the National Trademark Office ( Adopting the fixed format of the Trademark Office and stamped and signed by both parties), and other relevant materials.
(2) The Trademark Office will conduct an examination after accepting the application. The main examination contents are: whether the transferor is the trademark owner and whether he has the right to transfer the trademark; whether the transferred trademark is legal and valid. , whether there is a pledge without the consent of the pledgee, whether there is a record of licensed use, whether there are compulsory measures such as seizure by the court or other authorities; whether it complies with the "principle of collective transfer": whether there are any adverse effects; in addition, the transferor If it is a state-owned enterpriseIf so, trademark transfer may involve the disposal of state-owned assets and requires special approval procedures.
(3) After the Trademark Office review is completed, if the transfer is approved, a "Trademark Approval Transfer Certificate" will be issued and announced. The original "Trademark Registration Certificate" will not be renamed. , if the transferee needs to change its name, it needs to apply for a new "Trademark Registration Certificate". However, the trademark rights will be officially transferred to the transferee's name after the "Trademark Approval Transfer Certificate" and announcement are made. If it does not agree to the transfer, the Trademark Office will notify it in writing, and the transferor and transferee can file an administrative lawsuit with the Beijing No. 1 Intermediate Court.
To apply for trademark transfer approval, you can entrust a trademark agency to do it or go directly to the Trademark Office. A transfer application requires a transfer fee of 1,000 yuan. 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.
