How to transfer trademark registration/ registration application
1. Brief descriptions
Handling assignment in trademark office in order to assign trademark to others
Handling assignment in trademark office if the exclusive rights of trademarks changes because of amalgamation, merger or restructuring of enterprise.
Handling assignment if the exclusive rights of trademarks changes according to the court sentences.
From 15 th Sep. 2012, trademark has been applied but not yet approved can also be asigned.
2. Ways to deal with it
Authorizing trademark agency that filed in trademark office
Going to the registration hall
3. Form of assignment letter
There is only one form of assignment letter, that is, Application Form of Assigning Applying/Registered Trademark
4. Three procedures of application
A. Preparing for application documents
Application Form of Assigning Applying/Registered Trademark
Copies of subject qualification certificate with signature or seal of both assignor and assignee
Proxy statement if authorizing trademark agency; original and copy of responsible person ' s ID(original will be refunded) if going to registration hall
Supporting documents should be provided if applying for transferring
Chinese translation with signature or seal of translator should be provided if the application documents are in foreign languages.
B. Detailed specifications
A. Application form should be filed in according to the requirements and it should be typewritten or printed; if the assignor or assignee is natural person, ID number should be attached after the name
B. Each application form is for one assignment of trademark with the signature or seal of both assignor and assignee, and all the procedures should be dealt with by assignee
C. Except for application form, subject qualification certificates with signature or seal of both assignor and assignee, original and copy of responsible person ' s ID should also be provided; if assignee is natural person, and the application is dealt with by himself, original of ID should be showed, copies of his ID and subject qualification certificate of assignor should be provided. If authorizing trademark agency, proxy statement should be provided.
D. If assignee is natural, followings are some attentions:
A. Individual businessman can apply for assignment as assignee in name registered in individual business licen se or in name of responsible person registered on the license. If applying in name of responsible person, the following materials should be provided: ID of responsible person; business license
B. Individual partnership can apply for assignment as assignee in name registered in business license or name registered in the competent authorities, or in name of all the partners. If applying in name of all the partners, copies of the following materials should be provided: IDs of all the partners; business license; partnership agreement.
C. Leaseholding farm household can apply for assignment as assignee in name of contract parties, and copies of the following materials should be provided: ID of contract; contract agreement.
D. Other natural persons that are allowed to engage in business, can apply for assignment as assignee in name of operator registered in registration documents issued by competent authorities. Copies of the following materials should be provided: ID of operator; registration documents issued by competent authorities.
E. If the assignee is natural person, the range of goods and services of the assigned trademark should be within the range ruled on business license or self-supporting agricultural and sideline products.
F. If natural person as assignee is not consistent with the rules of trademark assignment, trademark won ' t receive the application and will notice applicant with written papers.
E. For assignment, if assignor can ' t stamp, assignee should provide documentary evidence or legal instruments.
F. If the trademark is sharing trademark, the following documents should also be submitted:
A. If a trademark owned by one is assigned to assignee as a sharing trademark, the name and address items should be filed in with the name and address of the representative, and stamped with the seal of representative. Other owners ' name of the assigned trademark should be filed in the attachment with seal.
B. If a sharing trademark is assigned to assignee as one-owned trademark, name and address items of assignor should be filed in with the representative ' s with his seal. Name and address of assignee should be filed in in the relevant items with seal. And name of other owners should be filed in the attachment with seal.
C. If a trademark is assigned because of the change of shared-owners, when filing in the application form, name and address of representative should be written in the relevant item of assignor with seal, names of other owners should be filed in the attachment with seal. Name and address of assignee should be written with that of assigned representative ' s with seal.
B. Submitting application documents
Going to registration hall to submit application documents
Authorizing trademark agency to submit application documents
C. Official fees of assignment
RMB 1000 for each assignment application
Official fees will be taken off from advanced payment made by trademark agency.