Transfer of Trademark Registration

According to the Trademark Law of PRC, registered trademarks may be transferred in accordance with the relevant laws and regulations. Transfer of trademark can be categorized into transfer by contract, transfer by inheritance and transfer by administrative order.

  1. Transfer by contract

Trademark owner may transfer the trademark to another person in accordance with the legal procedure. The transferee shall enjoy the exclusive right to use the trademark. Prior to that, both parties must sign a trademark transfer agreement.

  1. Transfer by inheritance

Where individuals or registered company owners die or lose capacity to act, the heirs at law shall inherit the registered trademark.

3、Transfer by administrative order

Where there is a dispute on the matter of the transfer of trademark, the court or the Trademark Office may make a final order as to who owns the trademark.

Applicants may authorize agents with trademark agency qualification recognized by the State Administration for Industry and Commerce of PRC to manage on their behalf the application. Or they may file the application directly at the Trademark Office registration hall. Applicants should consider their own circumstances before deciding which method they should opt for.

Related Posts