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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
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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;
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Trademark transfer shall be made to the Trademark Registry for trademark registration transfer procedures due to business combination, merger or restructuring occur;
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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;
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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
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Power of attorney;
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Application Form for Transferring / Registered Trademarks;
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Identification documents of the transferor and the transferee (copy);
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Trademark Transfer Agreement ;
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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.
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Where a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademarks registered on the same or similar commodities;
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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;
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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.
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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.
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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.
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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.
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