"This article is to popularize knowledge and answer questions to innovation subjects and the public in the form of Q&A on the common consultation related to the responsibilities of the China National Intellectual Property Administration proposed by citizens through the Beijing 12345 platform."
In order to implement the work deployment of the CPC Central Committee and the State Council on deepening the reform of "decentralization, regulation and service", optimizing the innovation environment and business environment, and solving the urgent problems in the field of intellectual property rights of innovation subjects, our city and the China National Intellectual Property Administration have established the "Beijing Immediate Platform for Receiving Complaints involving the China National Intellectual Property Administration's power information communication and feedback mechanism". Popularize knowledge and answer questions to innovation subjects and the public in the form of Q&A regarding the common consultation related to the responsibilities of the China National Intellectual Property Administration proposed by citizens through the Beijing 12345 platform.
This article mainly involves the procedures for changing trademark information after enterprise information changes, handling trademarks after enterprise cancellation, and handling the transfer of unlicensed trademarks.
One
Is it necessary to handle the change procedures for trademark information after the change of enterprise information? How to handle it?
(1) According to Article 41 of the Trademark Law of the People's Republic of China and Articles 17 and 30 of the Implementing Regulations of the Trademark Law, if a registered trademark needs to change the name, address or other registration matters of the registrant, an application for change shall be submitted.
(2) Handling process
1. Fill out the application form and prepare other application materials
Applicants can apply for trademarks through the "Application Form" section on China Trademark Network( https://sbj.cnipa.gov.cn/sbj/sbsq/sqss/ )Obtain the application form.
2. Submit application:
1) Online submission
Log in to the trademark online service system through the Internet( https://sbj.cnipa.gov.cn/sbj/wssq/ )Submit the application online, please refer to the "Online Application" section on China Trademark Network for specific methods;
2) Face to face submission
Submit through the trademark registration hall of the Trademark Office, the halls of various trademark examination and cooperation centers, local intellectual property business acceptance windows, and trademark business acceptance windows;
3) Entrust a trademark agency registered with the Trademark Office to submit
The applicant may voluntarily choose any trademark agency registered in the Trademark Office of the China National Intellectual Property Administration. All trademark agencies registered in the Trademark Office of the China National Intellectual Property Administration are published on the China Trademark Website( https://sbj.cnipa.gov.cn )In the "Trademark Agency" column.
3. Payment of regulatory fees
4. Waiting for the review conclusion. For details, please refer to China Trademark Network( https://sbj.cnipa.gov.cn )The "Application Guide" section.
Two
How to restore abnormal trademark status due to company address changes
In case of abnormal trademark status due to company address change, a change application needs to be submitted.
The processing flow is as follows:
1. Fill out the application form and prepare other application materials.
Applicants can apply for trademarks through the "Application Form" section on China Trademark Network( https://sbj.cnipa.gov.cn/sbj/sbsq/sqss/ )Obtain the application form.
2. Submit the application.
(1) Submit online. Log in to the trademark online service system through the Internet( https://sbj.cnipa.gov.cn/sbj/wssq/ )Submit the application online, please refer to the "Online Application" section on China Trademark Network for specific methods;
(2) Submit in person. Submit through the trademark registration hall of the Trademark Office, the halls of various trademark examination and cooperation centers, local intellectual property business acceptance windows, and trademark business acceptance windows;
(3) Entrust the trademark agency registered with the Trademark Office to submit.
The applicant may voluntarily choose any trademark agency registered in the Trademark Office of the China National Intellectual Property Administration. All trademark agencies registered in the Trademark Office of the China National Intellectual Property Administration are published on the China Trademark Website( https://sbj.cnipa.gov.cn )In the "Trademark Agency" column.
3. Pay regulatory fees.
The applicant shall pay the fee within the prescribed time after receiving the payment notice. Applicants who submit their applications online can make online payments through the trademark online application system; If the applicant submits a paper application, they can log in to the registration online application platform for online payment (if they submit the application directly in the trademark registration hall, they can bring a payment notice with a payment code to the trademark registration hall for payment). If the applicant entrusts an agency to handle it, the entrusted agency shall pay the fees on their behalf in accordance with regulations.
4. Waiting for the review conclusion.
For details, please refer to China Trademark Network( https://sbj.cnipa.gov.cn )The "Application Guide" section.
Three
Can the trademark continue to be used after the cancellation of the enterprise?
Under the premise that trademark rights have not yet been lost, registered trademarks can be used normally in accordance with the law.
Four
How to handle the unauthorized transfer of a trademark without the knowledge of the trademark owner?
The situation can be reflected by sending a letter to the Trademark Office with relevant evidence or resolved through judicial procedures.
Five
How to handle the procedures for transferring trademark rights after judicial auction?
There are the following ways to apply for the transfer of registered trademark registration: the applicant submits an electronic application by himself, and the applicant can go to the trademark business acceptance window where relevant acceptance business is carried out, to the Trademark Review Cooperation Center set up by the China National Intellectual Property Administration outside Beijing, and to the Trademark Registration Hall of the China National Intellectual Property Administration. Entrust a trademark agency registered in the China National Intellectual Property Administration. For specific legal basis and application conditions, document format, application materials, and processing procedures, please refer to the China Trademark Network, Trademark Application, Application Guide, and Application for Transfer and Registration of Trademark Registration column. If a trademark transfer occurs due to a court judgment, a legal document issued by the court should be submitted. The name of the debtor and the name of the enterprise that accepts the exclusive right to use the registered trademark on the legal document should match the name of the transferor and the name of the transferee in the application.
Source: Beijing Intellectual Property Public Service WeChat Platform