Trademark Transfer

Trademark transfer

Trademark transfer refers to the act of obtaining the ownership of its registered trademark from the original trademark registrant by means of agreement transfer, acceptance of gift and inheritance. Trademark transfer is an important way to obtain the exclusive right of registered trademark.

For the transfer of a registered trademark, the transferor and the transferee shall jointly apply to the trademark authority for transfer registration or evaluation and pricing within 6 months after the transfer. A trademark can also be used as an investment for shares.

• 1. Where a registered trademark is transferred to another person, it shall apply to the Trademark Office for going through the formalities for the transfer of the registered trademark.

• 2. Where the exclusive right to use a trademark is transferred due to enterprise merger or restructuring, an application shall be made to the Trademark Office for the transfer of a registered trademark.

• 3. Where the exclusive right to use a trademark is transferred according to the judgment of the court, the transfer procedures shall also be handled.

• 4. When transferring the trademark, it is necessary to transfer the similar trademark.

As of September 15, 2002, a trademark that has been applied for but has not been approved for registration may also apply for transfer or transfer.

Trademark transfer is for the registered trademark holder. There is another subject in the transfer process, that is, the buyer of the trademark. For trademark buyers, buying a trademark has the following three advantages over re registering a new trademark:

1. Time advantage

• It generally takes 1-2 years to register a trademark (the China Trademark Office has not made clear provisions on the time of trademark registration, and the efficiency of trademark registration is directly related to the number of domestic trademark applications, generally 1-2 years).
  

• It usually takes only about 6-10 months to transfer a trademark, which saves half the time compared with the registered trademark, which can save a lot of time for many buyers who need to own a trademark in a short time.
  

2. Success rate advantage

The passing rate of registering new trademarks is not very high. Registering new trademarks is a process from scratch. It is difficult to ensure that there are similar trademarks in the trademark office or the market. If the Trademark Office finds a similar trademark, it may lead to the rejection of trademark registration. The risk of transferring a trademark is relatively lower. The transferred trademark itself is already a trademark approved and registered by the national trademark office, which has been recognized by the national trademark office. Therefore, there is no possibility that the National Trademark Office will reject the trademark because it is similar.

To transfer a trademark, only the transferor and the transferor need to go to the State Trademark Office for filing, and the transferee can get the trademark registration certificate and have the ownership of the trademark.

3. Trademark value advantage

After registering a new trademark, it needs to be promoted from scratch, and its initial value is relatively low. The transferred trademarks are generally recognized in the market. Most of them have a certain popularity and high value, which is convenient for the buyer to establish its own brand in a short time.

Points needing attention:

1. After the trademark transfer is completed, the transferee shall enjoy the exclusive right to use the trademark from the date of announcement. If the original trademark registrant continues to use the trademark for goods without permission, it is an illegal act.

2. Notarial certificate is not required for every trademark transfer, depending on the requirements of the trademark office. Generally speaking, if the value of the transferred trademark is large, or there is doubt in the examination process, the Trademark Office will generally require a notarial certificate. At this time, it is necessary to transfer the transferee to the notary office for notarization.

General conditions of trademark transfer:

• 1. The company no longer operates and needs to transfer its trademark.
  

• 2. The company's trademark is temporarily idle and has no use demand. It can be transferred and cashed out.
  

• 3. Other companies pay high prices for the company's trademarks.
  

• 4. Trademark transfer due to enterprise merger, merger or restructuring.
  

• 5. The trademark is transferred according to the judgment of the court.
  

• 6. Other circumstances.
  

Note: when transferring trademarks, it is necessary to transfer the similar trademarks held together. In addition, a trademark that has been applied for but has not been approved for registration may also apply for assignment.