Trademark Ownership Transfer
Trademark ownership transfer is the action that trademark registrant assigns the exclusive right to another party according to the law during effective period of the registered trademark. Trademark Assignment generally consists of the following forms: assignment of contract, assignment of succession, the assignment of administrative orders.
A.Documents to be submitted:
1. Application for assignment, transfer the registered trademark
2. Copy of body qualification certificate chopped or signed by the transferor and the transferee respectively;
3. If the documents are submitted by an entrusted agent, transferor and the transferee shall provide a written letter of entrustment;
4. Stamped Chinese translation shall be provided by applicant or entrusted agent if the application documents are in a foreign language.
1. To assign a registered trademark, where a trademark registrant registered a similar trademark on the same goods, or the same or similar trademark on similar goods, the trademark registrant shall concurrently assign its trademarks. The application of assignment should not cause public confusion or other unhealthy influence,
2. Transferor and transferee are foreigners or foreign enterprises, domestic recipients should be designated in the application that is responsible for receiving legal documents of the Trademark Bureau.
3. After the assignment application is submitted, the Trademark Bureau shall issue a notice of acceptance to the applicant who meets the acceptance conditions.
4. If the assignment application needs to be supplemented, the Trademark Bureau will issue a correction notice to the applicant. This requires the applicant make correction within a prescribed time limit. The applicant fails to deliver the supplement within the prescribed time limit, the Trademark Bureau shall have the right to regard the assignment application as a waiver or disapproval.
5. Upon approval of assignment, the Trademark Bureau will mail the certificate of assignment to transferee who managed the application directly. As for the trademark registered, the assignment shall be published. Issuance date of assignment certificate is the announcement date, transferee shall enjoy the exclusive right of trademark since that date.
6. Application for assignment is deemed to be abandoned or not approved, the Trademark Bureau shall issue a "Notice of presumption of abandonment " or "Disapproval notice".
7. The transferee of the application shares by more than one person, the Trademark Bureau shall issue the relevant notice or certificate to the representative. There are other people who need to prove, should apply for a replacement.
8. The category of the application form shall be filled in according to the international classification approved under the trademark registration certificate.
C. Time of assignment: For about 6 to 10 months.