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How Can A Registered Trademark Be Pferred?

2010/3/29 13:01:00 42

Procedures for the pfer of registered trademarks

Transfer form

The pfer of a registered trademark is the act of a trademark registrant, in the period of validity of a registered trademark, to assign the right to exclusive use of a trademark to another party in accordance with the law.

The pfer of registered trademarks is generally in the following forms:

One

Contract pfer

The pferor, through a contract, stipulates the contents, rights, obligations and liabilities for breach of a registered trademark. Such pfer is generally paid, that is, the pferor receives a certain pfer fee by pferring the exclusive right to use the registered trademark.

Two

Transfer after acceptance

There are two cases of the pfer of registered trademarks:

One

The registered owner (natural person) dies, that is, after the end of his life, the heir inherits all registered trademarks of the deceased according to the succession procedure.

(

Two

As a registered trademark, the owner's business is pferred when it is merged or annexed.

Three

Transfer due to administrative order

Such pfer generally occurs in the public ownership country.

The executive order here is mainly about those plans and administration that cause property pfer.

For example, the separation, merger, dissolution or conversion of state owned enterprises according to administrative orders will inevitably lead to changes in the subject matter of registered trademarks.

Way of pfer

The applicant may entrust an agent with the qualification of trademark agency as approved by the State Administration for Industry and commerce. It may also go directly to the trademark registration hall of the State Trademark Office.

At present, the national accredited trademark agency has a total

Eight hundred

The family is distributed in all provinces, autonomous regions and municipalities directly under the central government.

The assignment of a registered trademark is an organization entrusted with the qualification of a trademark agent to act on behalf of it, or directly to the trademark office. The applicant shall decide on the basis of his specific circumstances.

If the applicant is familiar with the trademark laws, regulations and related procedures, he can go directly to the trademark office if he has good postal status in his habitual residence or business place. If he does not have the above conditions, it is better to entrust a trademark agency with agent. In China, a foreigner or a foreign enterprise applying for pfer registration in China without a regular residence or business place shall entrust a trademark agency to handle it on behalf of it.

In the process of examining trademark pfer, the trademark office often issues various documents, such as correction notice and rejection notice, to the applicant.

Most of these documents require the applicant to make some changes and reply to the original application content.

These documents are usually sent through the post office. In view of the fact that the postal passages in some areas of China are not very smooth, and some of the applicant's addresses change, the phenomenon that the documents issued by the trademark office can not be received frequently happen, which has affected the process of pfer registration.

Trademark agents in trademark agency organizations are more familiar with trademark laws and regulations, and are more proficient in trademark business. They can understand the intention of the client and Trademark Office more accurately and assist the parties in making accurate changes to the documents required by the Trademark Office to make the examination of the registration application smoothly.

Transfer preparation

Application for trademark pfer shall be made in the form of uniform format formulated and promulgated by the State Administration for Industry and commerce.

The application can be obtained from the registration hall of the trademark office.

Can also be downloaded from this website.

The entrusted trademark agency shall be provided by the agent organization.

To apply for trademark pfer, the following documents shall be submitted to the Trademark Office:

One

The application for trademark pfer shall be stamped with the seal of the applicant and the pferee.

Two

A letter of attorney for trademark pfer, which is affixed with the official seal by the pferee;

Three

The copy of the business license of the pferee;

Four

Pay the application fee for trademark pfer according to the regulations.

One thousand

Yuan);

Five

If it is entrusted to apply for a professional institution, it will also need to pay part of the fee (the fee is fixed by the entrusting institution).

Required time

One

The Trademark Office has issued the certificate of approval for the pfer of registered trademarks within fifteen days after receiving the pfer application.

Two

Three to four months from the date of application, the certificate of authorized pfer of registered trademark can be received.

The certificate should be used together with the original trademark registration certificate.

Three

The date marked for the approval of the assignment of a registered trademark is the date of registration of the pfer.

Notice of certification

Through the application of the agent: the Trademark Office will issue a notice after examination and approval, and send the trademark registration certificate by the agent to the pferee's assignee.

Application for registration and pfer directly: the Trademark Office will issue a notice after examination and approval.

The pferee shall obtain the certificate from the Trademark Office within three months after receipt of the notice of assignment.

(1) the letter of introduction of the notice of pfer of registration;

(two) the identity card and photocopy of the pferee;

(three) the original copy of the business license should be stamped with the stamp of the local industry and Commerce Department.

(four) to receive the notice of pfer registration;

(five) the change of the pferee's name should be accompanied by the change certificate issued by the work department.