State Trademark Bureau -- introduced new measures trademark transfer
China Economic Times provenance time 2004-12-27
State Property (trademarks, registered trademarks, trade inquiries, Chinese trademarks network, trademark registration inquiries) Board will refer to the Court the most "judicial recommendations" proposal to further improve the trademark administrative procedures, the introduction of new measures to strictly check the transfer of trademark applications and trademark transfer agreement and the chop Signed to effectively curb the illicit transfer of the trademarks of others rampant phenomenon. Disclosed to reporters the State Trademark Bureau is the latest step in China's IPR Research Fellows, Beijing Red emblem international intellectual property agent and Guangdong trademark red emblem agent LIAO Jun-ming, chairman. Recently, he was invited to participate in the national trademark "trademark administrative procedures relating to the expert seminar."



"Trademark Law" Article 39 states : "The transfer of the registered trademark, the assignor and the assignee should sign a transfer agreement and common to the State Trademark Office applications." While the transfer of the existing trade marks, only two are unable to determine the authenticity of the official seal or signature, and the assignee of the business license a copy or photocopy of the identity card will be smooth, does not require the transfer of the two sides signed the "trademark transfer agreement" with the provisions of the law itself is contradictory. Moreover, for a premeditated illegal "bootlegging turn" trademark others, those people who can make use of existing procedures for the transfer of a mark of the loopholes. Illegal people can put aside trademark rights, as long as the rights of forged official seals or signatures can be directly in the country and Trademark Office for trademark transfer, which put on "legitimate," while others will mark the illegal burglary as their own or sell them to others. However, the Trademark Office for trademark assignment, not simply impossible to identify these seals or signatures and copies of the authenticity. This is the trademark in recent years repeatedly illegal transfer of State Trademark Bureau trigger the main reason for the defendant.



National Trademark Office decided in late September onwards to improve on past practices, take the following measures to improve the trademark assignment procedures : one to mark the transfer of transfer applications to use the seal or signature, and processing applications for registration of trademarks used in the seal or signature checking. Two of the seals obviously inconsistent, transfer requests must note the change of chop, chop provide management certificate issued by the department, and the transfer by the effective annual copy of the business license copy (with Zhangchuo) and the transfer of two applicants signed the transfer agreement. 3, the signature is clearly incompatible with the transfer requests must explain the situation and provide a valid transfer documents (signature) and the transfer of two applicants signed the transfer agreement. Four of the seal or signature is clearly incompatible with the issue to the applicant a "transfer applications correction notice" to require the applicant to receipt of the notice date within 30 days (excluding from the Post-) according to the requirements Correction, not within the specified period of time to rectify the country as a trademark applicants will abandon Correction , rejected his application for a transfer.