1. What is the trademark transfer process in Hangzhou?
According to the relevant laws and regulations of our country, when transferring the trademark right, both parties should sign the transfer agreement and jointly apply to the Trademark Office. After the transfer of a registered trademark is approved, it will be announced.
the trademark law of the people's republic of china
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.
Second, what are the precautions for the transfer of Hangzhou clothing trademarks?
1. First, confirm the legal status of the transferred trademark. Invalid registered trademarks, trademarks that are in the extension period and have not submitted an application for renewal cannot be transferred; A trademark frozen by the court and registered as a pledge in the Trademark Office cannot be transferred (a trademark registered as a pledge cannot be transferred before the pledge is lifted). For the trademark in the application, it is necessary to confirm whether the application process has ended. If the rejection decision or ruling has taken effect, it cannot be transferred.
2. Most enterprises will sign a trademark transfer agreement when transferring a trademark. In our country, there is no need to provide a transfer agreement for trademark transfer, and the application for transfer is signed by the transferor and the transferee respectively. The transfer application shall be submitted in the name of the transferee, so the transferee shall sign the power of attorney. Transfer of clothing trademark
3. The name and address of the transferor in the application for assignment shall be consistent with the name and address of the registrant or applicant recorded in the archives of the Trademark Office, and the seal or signature affixed shall be consistent with the seal or signature used in the original application for trademark registration.
4. Where a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods; 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. An application for registration without substantive examination shall not be transferred together.
5. When transferring a collective trademark, the transferee should have the corresponding subject qualification, that is, an organization composed of equal and independent commodity operators or service providers, rather than a single enterprise or individual operator; When transferring a certification trademark, the transferee shall have the ability of detection and supervision as prescribed by law and meet the subject qualification of the certification trademark; When transferring a trademark containing geographical indications or geographical names, if the transferee is an enterprise outside the district, it shall ensure that there will be no misunderstanding or confusion.
6, trademark transfer must be approved by the Trademark Office after the announcement to take effect.
The above is about the transfer process of Hangzhou clothing trademark. What is this? What are the precautions for the transfer of Hangzhou clothing trademarks? We must pay attention to the relevant contents of trademark transfer, so as to make our trademark transfer more smooth and ensure that our enterprises can enter the normal track in time. If you have any other questions, you can consult Intellectual Property for a detailed understanding.
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