What do I need to do with the trademark transfer, and how to operate the trademark transfer?

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

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

2. Acceptance: The Trademark Office shall issue the Certificate of Approval of Transfer of Registered Trademark within 15 days after receiving the application for transfer

3. When examining and reviewing the trademark transfer and going through the relevant procedures, the examination and trademark office will send the documents to the trademark transfer party by mail.

4. The announcement shall be issued after examination and approval by the Trademark Office. The transferee of the transfer registration shall obtain the certificate at the Trademark Office within three months after receiving the Notice of Transfer of Registration.

5. Issuance of transfer certificates. The Trademark Office issues the approval certificate, and the trademark transfer is completed.

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

2. Documents required for trademark transfer:

a. Application for Transfer of Registered Trademark;

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

c. The entrustment shall submit the "Power of Attorney" issued by the transferor and the transferee respectively, and submit the original and copy of the ID card of the transferee directly in the reception hall;

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

e. If the application documents are in a foreign language, a Chinese translation signed and confirmed by the translation agency shall also be provided.

Legal analysis: 1. Sign the trademark transfer agreement and agree on the corresponding matters.

2. The transferor and the assignee shall submit to the Trademark Office the application for the transfer of the registered trademark, a copy of the trademark registration certificate, a copy of the business license or ID card of the transferor and the transferee.

3. The application procedures for the transfer of registered trademarks shall be handled by the assignee.

4. After the Trademark Office approves the application for the transfer of the registered trademark, it will issue the corresponding certificate to the assignee and make a public announcement.

Because of the prevalence of personal trademark squatting, it is stipulated that in order to register a trademark, a natural person must submit an application in the capacity of a self-employed person, a rural contracted business household or other natural person who is legally permitted to engage in business activities, and present the corresponding license, contract or registration documents. Individual registered trademarks must be qualified as business entities. An individual is not a natural person, but must have a self-employed business license.

Legal basis: Trademark Law of the People's Republic of China

Article 28 The Trademark Office shall, within nine months from the date of receipt of the application for trademark registration, complete the examination of the trademark application documents and make a preliminary examination and announcement if it complies with the relevant provisions of this Law.

Article 30 Where a trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by another person on the same or similar goods, the Trademark Office shall reject the application and shall not publish it.

Article 32 An application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.

There is no such thing as trademark transfer in China's trademark law, and the normative term is trademark transfer. So below, let me explain to you the process of trademark transfer!

01 Definition of Trademark Assignment.

Trademark transfer: refers to the act of the trademark registrant transferring the exclusive right to use the trademark to another party in accordance with legal procedures during the validity period of the registered trademark.

02 Form of trademark assignment.

In China, the common forms of trademark transfer are:

Contract transfer: The most common way to transfer a trademark, both parties sign a contract and submit it to the Trademark Office for review, and after the review is passed, the trademark transfer is successful.

Subsequent transfer: refers to the death or incapacity of an individual or a legally registered individual industrial and commercial household, and the legal heir inherits the registered trademark.

Assignment by administrative order: A trademark assignment that occurs after a judgment on the ownership of a trademark is made by a court or other public authority.

03 Trademark Transfer Process:

The buyer and the seller sign the Trademark Transfer Contract Agreement.

The trademark holder handles the trademark notarization, which is generally completed within 3-5 working days, and obtains the "Notarial Certificate of Trademark Declaration".

Submit the prepared materials and notarial deeds to the Trademark Office, and then pay the transfer fee (usually 1,000 yuan).

The Trademark Office issues the letter of acceptance in about 1-2 months and begins the examination.

About 5-8 months after acceptance, the Trademark Office will publish an announcement and issue a Certificate of Approval of Transfer of Registered Trademark to both parties

04 Precautions for trademark transfer.

After the two parties sign the contract, they also need to submit it to the Trademark Office for review! Only after the examination is passed, the trademark transfer contract is protected by law!

Don't trust other people's trademark certificates, trademark registration certificates can be forged, or may be other people's trademark registration certificates, when transferring trademarks, you need to check the information of trademarks, if in doubt, entrust the trademark ** agency is the safest!

If the trademark transferor still has similar trademarks, they should be transferred together, and if they are not transferred together, the success rate of trademark transfer will be affected.

If the trademark of a natural person is transferred, if the handwriting does not match, then the transfer fails!

If the seal on the trademark registration document does not match the seal on the trademark transfer contract, the trademark transfer will also fail.

In practice, many of us may be exposed to questions about what the trademark transfer process is, but because we don't know much about it, many things are not very clear.

1. The information of both parties needs to be verified before the trademark transfer.

After going through the formalities, the two parties must sign the transfer contract to complete the trademark transfer, but if there is a problem with the trademark transfer, it will damage their own interests, because before signing the contract, they should check whether there is a problem with the trademark, and the trademark assignee should check the China Trademark Network for a comprehensive search of the trademark.

2. Fill in and sign the trademark transfer contract.

Before the trademark transfer is handled by the trademark ** review, the trademark transferee and the trademark transferor should jointly sign the trademark transfer contract, which needs to indicate the details of the transfer of the trademark, the fee for the transfer of the trademark, and the effective date of the contract, and needs to be signed and sealed by both parties.

3. Submit trademark transfer materials.

After the two parties complete the signing of the trademark contract, the assignee of the Paibo trademark and the trademark assignor need to submit to the Trademark Office the information and supporting documents of the application for the transfer of the trademark, the application for trademark transfer, and a copy of the business license of the assignee of the trademark of the Trademark of Paibo. Or entrust the intellectual property company to submit the transfer materials.

4. Wait for the reply from the Trademark Office.

After receiving the application from the trademark assignor and the assignee, the Trademark Office will issue a certificate of approval of the trademark transfer to both parties within 6-8 months, and the date indicated in the certificate is the effective date of the trademark transfer.

This is the end of a brief introduction to some of the trademark transfer process. I hope the above content will be helpful to you and make the process of trademark transfer more smoothly. If you still have any questions that you don't know about in the actual handling, or if you want to transfer the ownership of a trademark, please consult the intellectual property rights for more details.

Trademark transfer process, trademark transfer fee, trademark transfer process.

Legal analysis: the buyer and the seller sign the "Trademark Transfer Contract Agreement"; The trademark holder handles the trademark notarization, which is generally completed within 3-5 working days, and obtains the "Notarial Certificate of Trademark Declaration". Submit the prepared materials and notarial deeds to the Trademark Office, and then pay the transfer fee (usually 1,000 yuan). The Trademark Office issues the letter of acceptance in about 1-2 months and begins the examination. About 5-8 months after acceptance, the Trademark Office will publish an announcement and issue a Certificate of Approval of Transfer of Registered Trademark to both parties

Legal basis: Article 42 of the Trademark Law of the People's Republic of China Where a registered trademark is transferred, the assignor and the assignee shall sign an assignment agreement and jointly apply to 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 goods, or the same or similar trademark registered on similar goods.

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

After the transfer of the registered trademark is approved, it shall be announced. The assignee shall have the exclusive right to use the trademark from the date of publication.