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Trademark is about to expire and in a hurry to transfer, how to do?
Release Time：
2022-06-29
Trademark is a kind of precious non-renewable resources, in recent years, with more and more registered trademarks, want to apply for the registration of a favorite trademark becomes more and more difficult, so many urgent trademark people will choose to buy trademarks, trademark transfer has therefore become an important way to obtain trademark rights.
However, the trademark trading market is mixed, and many people finally choose a favorite trademark, only to find that the trademark is about to expire and face renewal. So, the trademark is coming but is anxious to do the transfer, how to do?
According to the Trademark Law, the validity period of a registered trademark is 10 years, calculated from the date of approval of the registration. If the 10-year period is about to expire, the registration shall be renewed within 12 months before the expiration; If an application is not filed within this period, a six-month extension period may be granted.
The following materials are required for trademark renewal:
(1) Application for Trademark Renewal Registration;
(2) A copy of the applicant's principal qualification certificate confirmed by seal or signature;
(3) The entrusted agent to submit the "power of attorney", directly in the trademark registration hall to submit the identity card and a copy of the operator (the original is returned after comparison);
(4) Copy of registration certificate;
(5) If the application document is in a foreign language, a Chinese translation with the signature and seal of the translation agency or agency shall also be provided.
Under normal circumstances, trademark renewal is not difficult, but if there is a temporary situation during the transfer of the trademark, the trademark renewal and transfer can be carried out at the same time. Because in general, the application period for trademark renewal is 1-2 months, and the trademark transfer procedure takes about 6 months, so the two will not conflict at the same time.
In addition, the transfer of trademarks needs to go through a strict operational audit, if the audit finds that the trademark has a deadline of only one year or less, then the trademark Office will not review the transfer of trademarks, but the transfer of trademarks and the renewal of trademarks can be carried out at the same time.
Finally, remind all friends who want to buy and transfer trademarks in the purchase or transfer of trademarks, if the various procedures are not clear, must not operate blindly, it is best to entrust professional agencies to examine the subject qualification of the trademark transferor and clearly agree on the rights, defects and risks of the transferred trademark in the contract, so as to effectively prevent legal risks after the transfer of trademarks.
Source: Hot news, gold label
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