What are the materials required for trademark transactions?

The materials required for trademark transactions, commonly speaking, trademark transactions refer to trademark transfers, including contract procedures, auction and bidding, and the transfer of registered trademarks, including contract transfer and inheritance transfer. The main form is a contractual transfer. So what are the materials required for trademark transactions?

To apply for trademark transfer, the application form in a uniform format formulated and published by the State Administration for Industry and Commerce shall be used. The application form can be obtained from the registration hall of the Trademark Office or online**. If the trademark organization is entrusted, it will be provided by the ** organization.

Materials required for trademark transactions: 1. A copy of the Application for Trademark Transfer, which should be stamped with the seals of the applicant and the assignee; 2. Power of Attorney for Trademark Transfer stamped by the transferee; 3. A copy of the business license of the transferee; 4. Pay the fees for trademark transfer application and other fees according to regulations; 5. If you entrust a professional institution to apply, you will need to pay part of the fee (the fee will be collected by the entrusting agency);

Generally, the following information is required for trademark transfer.

Trademark assignment contract.

The buyer and seller need to sign a trademark transfer contract, which needs to confirm the ownership of the trademark right during the reassignment acceptance period, as well as the transfer fee. If these details are not clear, there will be great hidden dangers in the transfer process, which will lead to trademark disputes.

Application for transfer of registered trademark.

After the buyer and seller negotiate the details privately, they need to jointly fill in the Application for Transfer of Registered Trademark. The format and content of the above must be filled in according to the requirements of the Trademark Office, and the official seal or signature of the assignor and the assignee must be affixed at the end. Only if this is submitted, the Trademark Office will accept the application for assignment.

Proof of identity. To transfer a personal trademark, a copy of the ID card and a copy of the business license of the individual business owner must be submitted. If the company's trademark is transferred, a copy of the company's business license is required.

Power of Attorney for Trademark **.

If it is entrusted to a ** agency, it is also necessary to prepare an additional "Trademark ** Power of Attorney". It needs to be filled in with personal or company information, the name of the organization, and the specific affairs handled. Finally, it still needs to be signed by the contact person or stamped with the official seal.

1. What is the trademark transaction process?

1. The seller signs the power of attorney for trademark transfer and the application for trademark transfer, understands the specific situation of the trademark, and consults and negotiates;

2. After the buyer agrees to the transfer, all the transfer money will be remitted to the China Trademark Supermarket Network. and provide a valid identity certificate (if the buyer is a natural person, a copy of the personal ID card shall be provided; If the buyer is an enterprise legal person, a copy of the business license of the enterprise shall be provided);

3. After verifying the transfer money and certificate, contact the seller and sign the trademark transfer contract with the seller;

4. Transfer the transfer money to the seller and deliver the original trademark registration certificate to the buyer.

5. Prepare the trademark transfer documents, sign or seal them by the customer and deliver them to the company; Go through the transfer procedures at the State Trademark Office, collect and deliver the transfer certificate to the buyer;

2. What are the materials required for trademark transactions?

To apply for trademark transfer, the application form in a uniform format formulated and published by the State Administration for Industry and Commerce shall be used. The application form can be obtained from the registration hall of the Trademark Office or online**. If the trademark organization is entrusted, it will be provided by the ** organization.

The following documents must be submitted to the Trademark Office to apply for trademark transfer:

1. A copy of the Application for Trademark Transfer, which should be stamped with the seals of the applicant and the assignee;

2. Power of Attorney for Trademark Transfer stamped by the transferee;

3. A copy of the business license of the transferee;

4. Pay the fees for trademark transfer application and other fees according to regulations;

5. If you entrust a professional institution to apply, you will need to pay part of the fee (the fee will be collected by the entrusting agency);

3. What is the announcement and certification of the trademark?

1. Approve the application of **.

After examination and approval, the Trademark Office will issue an announcement and send the Trademark Registration Certificate to the transferee of the transferred trademark.

2. Directly handle the application for registration and transfer.

After examination and approval, the Trademark Office shall issue an announcement that the transferee of the transfer registration shall obtain the certificate from the Trademark Office within three months after receiving the Notice of Transfer of Registration, and shall also bring:

1) A letter of introduction to receive the "Notice of Transfer of Registration";

2) Transferee's ID card and photocopy;

3) The original copy of the business license, and the copy should be stamped with the seal of the local industrial and commercial department.

4) Obtain the Notice of Transfer of Registration;

5) If the name of the transferee is changed, the change certificate issued by the work department shall be attached.

4. What are the issues that should be paid attention to in trademark transactions?

The procedures for the transfer of a registered trademark must comply with the following provisions:

1. The transferee must have the qualifications of the trademark registration applicant;

2. When transferring the registered trademark of tobacco products and drugs for human use, the transferee must attach the corresponding certificates;

3. The transferor must transfer the same or similar trademarks registered on the same or similar goods, and cannot transfer a part, keep a part for use, or transfer the other part to a third party;

4. If the trademark owner has licensed the trademark to others, before the transfer, it must obtain the consent of the licensee, handle the aftermath in accordance with the provisions of the license contract, and shall not damage the interests of the licensee due to the transfer.

With the development of the market economy, many trademarks are registered and used in China every year, but at the same time, many registered trademarks are in an idle state and have become an underutilized idle resource. At this time, the trademark, as an asset, has property rights and can be bought and sold, and the higher the value of the trademark, the higher the selling price.

Trademarks are intangible assets. While they can be traded, not all trademarks can be traded. There are certain conditions that must be met before the trademark can be transferred.

In addition, the process of sales and transfer, as well as the platform, also requires specific processes and procedures to be carried out normally, and generally requires the assistance of special personnel.

Regarding the conditions of the trademark, we can summarize the following points:

1.The trademark still has legal effect;

The first thing to establish for a trademark is that it also has the benefit of legal protection, that is, it has trademark rights. For other reasons, invalid trademarks cannot be assigned, which is the first premise of all trademark transactions.

2.Unmodified trademarks;

The trademark must be consistent with the original trademark style at the time of registration, and the color, pattern and text shall not be modified at will. Due to the provisions of China's Trademark Law, the amended trademark will not have trademark rights and will not be recognized by the Trademark Office.

3.A part of the combined mark cannot be used for trading;

There are many types of trademarks, including combination marks, which are used by combining multiple trademarks into a single generic trademark. At this time, if the merchant only has a part of it, then the trademark cannot be transferred.

4.Similar trademarks may not be bought or sold;

In order to protect their trademarks, most companies will register multiple similar trademarks at the same time to protect the original trademark. The number of similar trademarks can be one or more. In addition, the law also stipulates that when a trademark is traded or sold, it must be transferred together with a trademark of the same kind.

If the same trademark is transferred separately, the trademark does not meet the transaction conditions.

In order to complete the transfer of the trademark in a short period of time, we recommend you to go to the Bajie Intellectual Property Trademark Transfer Network. The staff of Bajie Intellectual Property has rich experience in trademarks, and they will find trademarks that are more suitable for the development of the industry according to the needs of each person, and ensure that the applicant avoids any risk problems in the trademark transfer. Compared with the self-transfer of its own trademark, the staff of the platform will handle trademark-related matters more professionally according to the standard process!

The following matters should be paid attention to in trademark transactions:

1. The two parties shall enter into a written transaction agreement;

2. Both parties to the agreement must have the corresponding capacity for civil conduct and civil rights;

3. The two parties shall jointly apply to the Trademark Office, and the transfer of the registered trademark shall be announced after approval. The assignee shall enjoy the exclusive right to use the trademark from the date of publication;

4. Other precautions.

[Legal basis].

Article 42 of the Trademark Law of the People's Republic of China.

In the case of the transfer of a registered trademark, the assignor and the assignee shall sign an assignment agreement and jointly file an application with the Trademark Office. The assignee shall guarantee the quality of the goods using the registered trademark.

If a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same kind of commercial goods, or the same or similar trademark registered on similar goods.

The Trademark Office will not approve the assignment that is likely to cause confusion or have other adverse effects, and the calligrapher will notify the applicant in person and explain the reasons.

The transfer of the registered trademark shall be announced after the approval of the car. The assignee shall enjoy the exclusive right to use the trademark from the date of publication;

Materials to be provided for the transfer of registered trademarks with a cover difference:

1. A copy of the trademark registration certificate;

2. Two copies of the registrant's ID card and signature;

3. A copy of the transferee's subject qualification (the transferee is an individual: provide a copy of the ID card and the self-employed license; The transferee is provided by the company: a copy of the copy of the valid business license for the annual inspection with the official seal);

4. The transferor provides a notarial deed of transfer statement;

5. Transfer application, transfer agreement, transfer declaration ** made by the company.

Materials required for enterprise trademark transfer:

1. Application for Transfer of Registered Trademark;

2. Identification documents of the transferor and the transferee (copy);

3. The entrustment shall submit the "Power of Attorney" issued by the transferee, and submit the original and photocopy of the ID card of the transferee directly in the acceptance hall;

4. If the application for transfer is made, the relevant supporting documents shall also be submitted.

1. What should be paid attention to when transferring a registered trademark?

1. Subject to the approval of the Trademark Office, the transfer of a trademark must be approved by the State Trademark Office to be protected by law, otherwise it will be deemed invalid transfer. Article 42 of the Trademark Law stipulates that in the case of the transfer of a registered trademark, the assignor and the assignee shall sign an assignment agreement and jointly file an application with the Trademark Office.

The assignee shall guarantee the quality of the goods using the registered trademark.

2. If a registered trademark is transferred together with the same body, the trademark registrant shall transfer the similar trademark registered on the same kind of goods, or the same or similar trademark registered on similar goods. This is also stipulated in Article 42 of the Trademark Law, for example, if you have three similar trademarks, you must transfer them together, and you cannot transfer only one of them or rain.

3. If the transferor of a third-party licensed trademark is licensing others to use its registered trademark, it must obtain the consent of the licensee before transferring it to a third party. To put it simply, if you have a trademark for someone else to use, at this time, if you want to transfer it, you have to get the consent of the other person.

4. The transfer of the trademark cannot be terminated, the two parties have submitted an application, if they want to revoke, they can only do a second transfer, and the trademark can be transferred to the original assignor, only this method.

5. If the transfer fails, the trademark under application can also be transferred, but if the application cannot be made, the transfer will not be successful. Both parties to the trademark transfer must have a business license, and a natural person must have a stuffy sail license, otherwise they cannot apply for it. If the enterprise is deregistered or an individual dies, and the trademark transfer procedures are not completed within one year from the date of cancellation or death, the trademark transfer procedures cannot be completed again, and the trademark ownership will naturally disappear.