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Can the trademark be transferred if the trademark holder dies unexpectedly?
Release Time：
2022-09-05
A: According to Chinese law, usually relatives can inherit the estate of the deceased, and trademarks can also be part of the estate. So how exactly do you need to carry out the succession transfer?
A: According to Chinese law, usually relatives can inherit the estate of the deceased, and trademarks can also be part of the estate. So how exactly do you need to carry out the succession transfer?
According to the special requirements of Chapter 1.2.2 of the "Trademark Trial and Examination Guide 2021" transfer application (4) In case of the death of a natural person, documents or legal documents that prove the right to inherit the trademark shall be provided such as inheritance notarization (ID cards, household registration books or other identification documents of all heirs; The death certificate of the decedent; Proof of kinship between all heirs and decedents; In case of renunciation of inheritance, a statement of renunciation of inheritance shall be provided; If the heir has died, the subrogation or successor may provide materials with reference to the above contents; If the decedent has a will or testamentary support agreement before his death, submit all the will or testamentary support agreements; If the decedent had a marital property agreement with his spouse during his lifetime, a written agreement shall be submitted). Successors may be exempted from submitting subject qualification documents such as the business license of individual industrial and commercial households that prove their business qualification.
In addition, according to the section on the transfer and transfer of registered trademarks/registration applications in Chapter 11 of the Trademark Trial and Examination Guide 2021, it can be judged that the death of the trademark owner is a special case of transfer, and can not be transferred directly, but can only be transferred.
Expertise sharing
The applicant can only raise opposition to the trademark published in the Trademark Announcement after preliminary examination and approval by the Trademark Office within the objection period. The objection period shall be 3 months, counting from the day after the preliminary examination and approval announcement. If the last day of the objection period is a statutory holiday, it may be postponed to the first working day after the holiday. (Trademark circle)
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