Malaysia Hotline: +603-2141 8908
Trademark transfer is the act of
the trademark registrant transferring the exclusive right to use the trademark
to the other party within the validity period of the registered trademark.
Trademark transfers generally have these forms: contract transfers, subsequent
transfers, and assignments due to administrative orders.
1.
Trademark Transfer is Required in the Following Cases
-
If a registered trademark is transferred
to another person, it shall go through the formalities for the transfer of
the registered trademark at the Trademark Registry;
-
Trademark
transfer shall be made to the Trademark Registry for trademark
registration transfer procedures due to business combination, merger or
restructuring occur;
-
In
the event of a transfer of trademark exclusive right in accordance with
the judgment of the court, the transfer formalities shall also be handled;
-
Since
September 15, 2002, trademarks that have been applied but have not yet
been approved for registration may also be transferred.
2.
Documents Required for Trademark Transfer
-
Power
of attorney;
-
Application
Form for Transferring / Registered Trademarks;
-
Identification
documents of the transferor and the transferee (copy);
-
Trademark
Transfer Agreement ;
-
Copy
of the trademark certificate.
Note: The seals or signatures of
all the above transferors must be consistent with the application. If the
transfer application does not comply with the law, the Trademark Registry will
notify the applicant in writing by post at the address filled in the
application form. The transferor is required to provide a notarized or
certified transfer agreement or transfer statement.
3.
Procedures of Trademark Transfer
The trademark transfer process
includes: application → acceptance → review → announcement → verification of
transfer certificate.
-
Where
a registered trademark is transferred, the trademark registrant shall
transfer the same or similar trademarks registered on the same or similar
commodities;
-
If
the application for transfer does not comply with the law, the Trademark
Registry will notify the applicant in writing by post in accordance with
the address filled in the application form;
-
After
the transfer application is approved, the Trademark Registry will issue
the transfer certificate to the transferee by post according to the
address filled in the application form, and publish the announcement of
the transfer of the trademark. The date on the certificate is the date of
the announcement and the assignee has the exclusive right to use the
trademark from that date.
-
If
the application for transfer cannot be approved for other reasons, the
Trademark Registry will notify the applicant in writing by mail at the
address filled in the application form.
-
If
the transferee in the transfer application is shared by more than one
person, the relevant notice or certificate of the Trademark Registry shall
be sent to the representative only. If other co-owners need proof, they
should apply for a replacement.
-
The
type of application should be filled in according to the international
classification category approved by the Trademark Registration
Certificate.
4.
Time for Trademark Transfer
1-2 months to issue a notice of
acceptance of the transfer, 6-9 months to issue a transfer approval
certificate.
Tannet Malaysia Sdn Bhd has over
10 branches located at China and based in Hong Kong, Shenzhen. We provide
several of business solution services to investor from all over the world. We
provide international company registration, global trademark application,
financial and taxation service and etc. Tannet aims to provide customers with
global, one-stop, full supply chain services to suit our client's requirements.
Contact us :
If
you have further queries, please contact Tannet
24
hours Malaysia hotline：603-21418908;
24
hours Hong Kong hotline：852-27837818;
24
hours China hotline：86-755- 36990589;
Email:
mytannet@gmail.com
TANNET
GROUP : http://www.tannet-group.net, http://en.tannet.com.my