How much does the trademark transfer generally cost (for reference only)? Trademark transfer fees generally include two parts:
1, trademark transfer acceptance fee: the fee for applying for the transfer of a trademark is 1000 yuan, and the acceptance fee is directly paid to the State Trademark Office, which collects an official fee of 1000 yuan;
2. Agency fee for trademark transfer: If an agent is entrusted, a certain agency fee shall be paid separately.
How to handle trademark transfer 1 The trademark transfer process includes: application? Accept? Review? Announcement? Issue a transfer certificate.
2. Documents required for trademark transfer:
A. application for trademark assignment and registration;
B identification documents of the transferor and the transferee (photocopy);
C. Submit the power of attorney issued by the transferee, and directly submit the original and photocopy of the ID card of the transferee's agent in the acceptance hall;
D. If applying for transfer, relevant supporting documents shall also be submitted;
E. If the application documents are in a foreign language, a Chinese translation signed and confirmed by the translation agency shall also be provided.
3. Time for trademark transfer: It takes about 6- 10 months.
How long does it take to transfer a trademark? 1. The Trademark Office shall issue the Certificate of Approval for Transfer of Registered Trademark within fifteen days after receiving the application for transfer.
2. Within six to eight months from the date of establishment of the application, you can receive the certificate of approval and transfer of the registered trademark, which should be used together with the original Trademark Registration Certificate.
This certificate should be used together with the original trademark registration certificate.
3. The date marked on the Certificate of Approved Transfer of Registered Trademark is the effective date of transfer registration, and it can be used after receiving the Certificate of Approved Transfer of Registered Trademark.
Therefore, generally speaking, the time for trademark transfer is about 6- 10 months.
What are the ways of trademark transfer? The applicant may entrust an organization with the trademark agency qualification recognized by the State Administration for Industry and Commerce, or go directly to the trademark registration hall of the State Trademark Office. At present, there are nearly 800 trademark agencies recognized by the state, which are distributed in all provinces, autonomous regions and municipalities directly under the central government.
The applicant shall, according to his own specific circumstances, decide whether to entrust an organization with trademark agency qualification to handle the transfer of a registered trademark or go directly to the Trademark Office. Applicants who are familiar with trademark laws, regulations and related procedures and have good postal service at their habitual residence or business place can go directly to the Trademark Office; If the above conditions are not met, it is best to entrust a trademark agency to act as an agent; Foreigners or foreign enterprises that have no habitual residence or business premises in China shall entrust a trademark agency to handle the transfer registration in China. In the process of examining trademark transfer, the Trademark Office often issues various documents to the applicant, such as Notice of Correction and Notice of Rejection. Most of these documents require the applicant to make some amendments to the original application and reply. These documents are usually sent by post office. In view of the fact that the postal channels in some areas of China are not smooth, and some applicants' addresses have changed, it often happens that the documents issued by the Trademark Office are not received by the applicants, which affects the process of transfer registration.
Trademark agents in trademark agency organizations are familiar with trademark laws and regulations, proficient in trademark business, able to accurately understand the intentions of clients and the Trademark Office, assist the parties to accurately modify the documents required by the Trademark Office, and make the examination of transfer registration applications go smoothly.
What threats do trademark transfer transactions need to guard against? According to the current trademark practice, China's Trademark Law and its implementing regulations only give the Trademark Office the right to approve trademark transfer applications, but do not stipulate its responsibility for improper approval. Due to the lack of proper supervision of administrative power, administrative organs often have the right but no responsibility, and the power of the Trademark Office to approve trademark transfer applications is almost unrestricted, which provides an opportunity for criminals.
It is by taking advantage of legal loopholes that some lawless elements forge the seal and signature of the trademark owner, transfer the registered trademark of others to themselves or a third person designated by them, and apply to the Trademark Office for relevant procedures, thus committing fraud? Legal? Coat. After obtaining the registered trademark of others by illegal means, criminals often transfer or license the trademark to others to earn economic benefits, while the original trademark owner is kept in the dark and suffers huge losses; Or ask the original trademark owner for a high reward in exchange for the trademark, and threaten to sue him for trademark infringement if he refuses. If the original trademark owner takes it as the defendant to file a lawsuit to confirm that the trademark transfer is invalid, they will run away and never appear in court, and the court will not be able to serve them with litigation materials, which will bring many difficulties to the court in hearing such cases. At the same time, some rights holders think that litigation is too troublesome, which is not only time-consuming and laborious, but also pays legal fees, investigation and evidence collection fees and other litigation costs. They had to swallow the demands of criminals and transfer their trademarks to themselves after paying them a sum of money.
Some lawless elements also took a fancy to this weakness of the trademark owner, and the amount demanded was generally equivalent to the amount paid by the trademark owner for litigation, trying to induce the trademark owner to settle it peacefully by paying the transfer fee. For those trademarks with important value or high reputation, they ask for high transfer fees.
As an effective and feasible method, trademark transfer is also widely used in daily life. However, due to various reasons, there will always be disputes related to trademark transfer. So when there is a trademark transfer dispute in the process of compulsory trademark transfer, how to deal with it? The following is a detailed introduction.
1. If the dispute is caused by internal problems of the enterprise, it belongs to the category of civil legal disputes, and the parties themselves need to safeguard their rights and interests through judicial proceedings.
2. Where the trademark transfer application is being reviewed by the Trademark Office, the Trademark Office will give the parties a reasonable period of time to handle it;
3. If a trademark dispute involves legal authority, the parties can only apply to the court to take evidence preservation measures, temporarily freeze the execution of the rights after the trademark transfer, and finally resolve the dispute through litigation.
4. If the trademark belongs to the problem of illegal transfer such as counterfeiting, it needs the local public security department to carry out criminal appraisal and then go through judicial procedures.
5. If the Trademark Office? Do not accept? 、? Not approved? Administrative disputes such as administrative rulings can be resolved by the parties through the State Administration for Industry and Commerce or administrative litigation.
The above is the trademark transfer fee provided by Bian Xiao. I hope everyone will like it!
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