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Trademark transfer is the act of trademark registrant to transfer the exclusive right of trademark to the other party within the valid period of registered trademark. There are three method to transfer a registered trademark: contract transfer, subsequent transfer and transfer due to administrative order.
Details of three methods of trademark transfer:
1.Contract transfer: refers to the transferor's contract to stipulate the content, rights, obligations and liabilities for breach of contract of the transferred registered trademark, etc. this form of transfer is generally paid, that is, the transferor collects certain transfer fees by transferring the exclusive right of the registered trademark.
2. Subsequent transfer: refers to the subsequent transfer of a registered trademark. There are two situations: (1) after the death of the registered owner (natural person), that is, after the end of his life, there is a successor who inherits all the registered trademarks of the deceased in accordance with the procedure of inheritance. (2) the successive transfer when the enterprise as the owner of the registered trademark is merged or merged.
3. Transfer due to administrative order: this form of transfer generally takes place in public ownership countries. The administrative orders mentioned here are mainly the plans and administration that cause the circulation of property. For example, the separation, merger, dissolution or transfer of production of state-owned enterprises according to administrative orders will inevitably lead to the change of the subject of registered trademarks.
The documents required for the application for the transfer of a registered trademark are as follows:
1.Power of attorney for trademark signed or sealed by the transferee.
2.Trademark transfer application signed or sealed by the transferor and the transferee.
3.The copy of the business license / ID card of the trademark transferee and the registration certificate of individual business.
4.Copy of the business license / ID card of the trademark transferor.
5. A trademark transfer agreement signed or sealed by the transferor and the transferee.
The procedure of applying for the transfer of a registered trademark is as follows: it takes about 10 months to complete the transfer of a trademark, and the whole process includes application, acceptance, examination, announcement and issuance of the transfer certificate.
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