How to transfer a registered trademark in China may be referred to as trademark assignment if saying in a more technical term. The right holder of a trademark has the right to deal with his/her intangible property in accordance with legal procedures. Trademark holders can dispose trademark right either by assignment or by licensing.
Trademark Assignment and Trademark Licensing
Trademark assignment is the transfer of trademark ownership to another party voluntarily by the right holder, either paid or unpaid. And a trademark transfer caused by merger, annex or judgment by a court can also be viewed as trademark assignment. In that case, the assignee should handle assignment with the Trademark Office. After approval, an assigned trademark can be publicized on the Trademark Gazette. The assignee enjoys the exclusive right to use the trademark since the date of publication.
The trademark licensing of registered trademarks is to allow others to use the trademarks without assigning the ownership. To license a registered trademark, the licensor shall sign a trademark license contract with the licensee. And the licensor shall report the contract to the Trademark Office to make a record of the contract within 3 months counting from the date on which the contract was signed.
Ways for Trademark Transfer in China
Specifically speaking, there are commonly three ways to transfer the trademark right from the holder to another party:
1) To assign the trademark right by an assignment contract, i.e. the owner of a trademark assigns the registered mark by signing an assignment contract with the assignee;
2) To assign the trademark right by inheritance;
3) To assign the trademark right by executive order.
Required Documents for Transfer
The following documents are needed for transfer application.
a) Application form for transfer
b) Identify certificate for the two parties of trademark transfer (ID cards or Business License.)
c) Sign the Trademark Proxy.
d) The contract of trademark transfer.
e) Copy of trademark registration certificate.
Note: all the signature and seal of the transferor shall be the same.
Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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