1. Article 42 of the Trademark Law shall apply to the trademark transfer process.
Article 42 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.
Where a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same commodity or the same or similar trademark registered on similar commodities together.
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 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.
Article 43 A trademark registrant may authorize others to use his registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.
Where a registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark.
Where another person is licensed to use its registered trademark, the licensor shall report the licensing of the trademark to the Trademark Office for the record, and the Trademark Office shall make an announcement. Without filing, the trademark license shall not be used against bona fide third parties.
2. Documents required for trademark transfer:
A. application for trademark transfer/registration;
B identification documents of the transferor and the transferee (photocopy);
C. Submit the power of attorney issued by the transferee, and directly submit the original and photocopy of the ID card of the transferee's agent in the acceptance hall;
D. If applying for transfer, 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.
3. Time for trademark transfer: It takes about 6- 10 months.
There are three forms of trademark transfer:
1. Contract assignment
The transferor shall stipulate the contents, mutual rights, obligations and liabilities for breach of contract of the registered trademark through the contract. This form of transfer is generally paid, that is, the transferor collects a certain transfer fee by transferring the exclusive right to use a registered trademark.
2. Inheritance and transfer
There are two situations in the transfer of registered trademarks: (1) After the death of the registered owner (natural person), there are heirs who inherit all the registered trademarks of the deceased before his death according to the inheritance procedure. (2) An enterprise that is the owner of a registered trademark is merged or transferred at the time of merger.
3. Transfer caused by administrative orders
This form of transfer generally occurs in public ownership countries. The administrative orders mentioned here are mainly those plans and administrations that cause the circulation of property. For example, the division, merger, dissolution or transformation of state-owned enterprises in China according to administrative orders will inevitably lead to the change of the subject of registered trademarks.