How to handle the trademark transfer procedures of a company is stipulated in Article 39 of China's Trademark Law. Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark. After the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement. ?
In addition, if a registered trademark is transferred, the transferor and transferee shall submit an application for the transfer of the registered trademark to the Trademark Office. The application procedures for the transfer of a registered trademark shall be handled by the assignee. After the Trademark Office approves the application for the transfer of a registered trademark, it shall issue a corresponding certificate to the assignee and make an announcement.
Where a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods together; If they are not transferred together, the Trademark Office shall notify them to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be deemed as giving up the application for transferring the registered trademark, and the Trademark Office shall notify the applicant in writing. The Trademark Office shall not approve an application for assignment of a registered trademark that may cause misidentification, confusion or other adverse effects, and shall notify the applicant in writing and explain the reasons.
The first step in the company's trademark transfer process is to prepare an application.
The application documents to be submitted are:
(1) trademark transfer/registration application
(2) Identification documents of the transferor and the transferee (photocopy)
(3) Submit the power of attorney issued by the transferee for the entrusted agent, and directly submit the original and copy of the ID card of the transferee's agent in the acceptance hall.
(four) to apply for transfer, it shall also submit the relevant documents.
(5) If the application documents are in a foreign language, a Chinese translation signed and confirmed by the translation agency shall also be provided.
(6) Provide the trademark seller's statement from the notary office.
Second, submit the application step by step.
1. If the applicant goes directly to the trademark registration hall, after the application is ready, submit it in the acceptance window of the trademark registration hall, and the window staff will confirm whether the application is qualified.
2. Where a trademark agency is entrusted, the trademark agency shall serve the application to the Trademark Office.
Step 3: Pay the transfer fee.
The transfer application requires a transfer fee of 1000 yuan.
Where a trademark agency is entrusted, the applicant shall pay the transfer fee and agency fee to the trademark agency, and the transfer fee charged by the Trademark Office shall be deducted from the advance payment of the trademark agency.
Can the company's trademark transfer application be withdrawn? According to the law, before the Trademark Review and Adjudication Board makes a decision or ruling, the applicant may give a written explanation to the Trademark Review and Adjudication Board and withdraw his application for review. Where the applicant withdraws the application for reexamination, the trademark reexamination procedure shall be terminated. After withdrawing the application for trademark review and adjudication, the applicant may not file an application for review and adjudication again with the same facts and reasons.
1. If you entrust a trademark agency to handle the trademark transfer formalities, let the agency handle the withdrawal formalities. But there are some materials you need to cooperate with, such as signing. If you don't know why you want to withdraw, ask an agency to help you think about it. These institutions are very professional.
2. If you handle the transfer yourself, you should explain the reasons for canceling the transfer, and the reasons should be as sufficient as possible. It is best for the transferor and the transferee to jointly sign the reasons. Then send it to the trademark office.
What information do you need for notarization of company trademark transfer? Generally, the Trademark Office will ask for notarization of trademark transfer, and if not, it may ask for correction. Notarization of trademark transfer requires the following information:
1. If the transferor or transferee is a citizen, submit the original and photocopy of the resident ID card 1;
2. If the transferee is an enterprise legal person, the original and photocopy of the business license of the enterprise legal person, the original and photocopy of the organization code certificate, the original and photocopy of the legal representative's qualification certificate, the original and photocopy of the legal representative's resident identity card and the letter of introduction from the unit shall be submitted;
3. If the transferor or transferee is another organization, it shall submit the qualification certificate of the relevant subject, the original identity certificate of the person in charge and the letter of introduction from the unit;
4. If the transferee is a joint-stock enterprise, it shall submit the articles of association and the original resolution of the shareholders' meeting agreeing to transfer or transfer the right to use the trademark;
5. Original and photocopy of the registered trademark certificate, trademark ownership certificate and trademark pattern 1 copy;
6, entrust others to handle, provide a valid "power of attorney" and the identity card of the trustee.
At the same time, it should also be noted that a registered trademark shall not exceed the validity period. * * * The exclusive right to use some trademarks requires the written consent of other * * * owners. If another person has been licensed to use the registered trademark, a written certificate of the licensee's consent to the transfer shall be submitted. When accepting registered trademarks of tobacco products and medicines. , must provide the corresponding certificate of the competent department of production. The transfer agreement shall include provisions on transfer and other related expenses. A notary may, according to the specific circumstances of notarization, require the parties to submit other documents and materials.
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