Trademark transfer refers to the act that the trademark owner transfers the trademark right to another party within the validity period of the registered trademark. In order to transfer a registered trademark, certain procedures should be carried out according to law, and the transfer registration can take effect only after being approved by the trademark office. In the assignment of a registered trademark, the trademark registrant shall assign the similar trademarks registered on the same kind of goods or the same or similar trademarks registered on similar goods at the same time. The transfer of a registered trademark shall be announced after approval. The assignee shall enjoy the exclusive right to use the trademark as of the date of the announcement.
Trademark transfer generally has the following forms: contract assignment, successive assignment, and assignment due to administrative order. 1. Both parties negotiate to transfer the registered trademark to another person;
2. Transfer of exclusive right of trademark due to enterprise merger, merger or restructuring;
3. Where the exclusive right to use a trademark is transferred according to the judgment of the court, the transfer procedure shall also be handled;
4. When the trademark is transferred, it is necessary to transfer the similar trademark on hand.
Advantages of trademark transfer
1. To enable enterprises to obtain their own trademarks in a short period of time
For enterprises, the purchase of trademarks has an absolute time advantage. It takes about one year to register a trademark, and the time to obtain a trademark through trademark transfer can be shortened by half, so that enterprises can have their own brand in the first time.
2. The risk of trademark transfer is greatly reduced
The transferred trademark itself is an approved registered trademark, which has been recognized by the trademark office. Therefore, there is no possibility that the Trademark Office will reject the trademark because of its approximate rejection. The risk is greatly reduced, and the enterprise can enter the branding process quickly.
3. Increase the opportunity of free choice of trademarks
At present, most of the better combinations of Chinese characters have been registered. It is very difficult for enterprises to apply for a trademark with a better name. If you buy a trademark, you can choose one that has its own enterprise meaning and is more in line with its own development.
4. Give full play to the value of trademarks
Trademark is a kind of intangible assets, but it can not play its real value in some enterprises. However, through trademark transfer, other enterprises can play the value of trademark. Both sides of the trademark transfer have gained benefits, so as to achieve a win-win situation.
Materials needed for trademark transfer
1. Copies of the main body qualification certificates of the transferor and the transferee (company: with fresh seal; individual: signature)
2. Format documents prescribed by the Trademark Office: application form and power of attorney (original copies are required)
3. Copy of trademark certification documents (latest documents required)
4. Notarization certificate (need to decide whether to notarize according to the requirements of the Trademark Office)
1. What problems should be paid attention to in trademark transfer?
1. Illegal transfer
The so-called illegal transfer of a registered trademark means that the transferor of the registered trademark is not the owner of the registered trademark, or secretly transfers the registered trademark by fraud or other improper means without the consent of the owner of the registered trademark.
2. Invalid transfer
The so-called invalid transfer refers to that the transfer of a registered trademark does not meet the restrictions stipulated in the trademark law. Although both parties have signed the trademark transfer agreement and Party B has paid the trademark transfer fee, the application for the transfer of the registered trademark can not be approved by the State Administration of Commerce and trademark. Therefore, the transfer of the trademark is invalid.
3. Partial transfer
The so-called partial transfer refers to that the transferor of the registered trademark does not transfer other similar trademarks related to the transferred trademark to the trademark assignee, but intentionally or unintentionally retains or conceals some similar trademarks similar to the transferred trademark. After the transfer of the trademark, the assignor can still use other trademarks similar to the transferred trademark to transfer the trademark Man made a substantial injury.
(4) The problem of concealing the rights and interests loopholes of transferred trademarks
When transferring the trademark, the transferor of the trademark conceals that the trademark has been licensed for use by others before the transfer, is pledged to pay off debts, and is transferred, which damages the real rights and interests of the trademark assignee after the transfer of the trademark.
2. Will a new certificate be issued after successful trademark transfer?
After the successful transfer of the trademark, the trademark transfer approval certificate will be issued and used together with the original trademark certificate. If you want a trademark certificate showing the new owner, you can apply to the Trademark Office for a replacement trademark certificate. The Trademark Office will issue a certificate to register the owner of the new trademark.
3. Must notarization certificate be provided for trademark transfer?
The notarial certificate provided for trademark transfer is not necessary. Generally, when the Trademark Office has doubts about the main materials of both parties of trademark transfer, the corresponding notarial certificate will be required.