Trademarks are intangible resources of enterprises, but registered trademarks always need physical certificates. Registered trademark certificates are also one of the basic materials enterprises need to handle trademark business. If trademark certificates are lost, can the transfer of trademarks still proceed normally? 1、 How to transfer a lost trademark certificate
If the trademark registration certificate is lost, the trademark owner may apply for a replacement of the trademark right registration certificate. After obtaining the replacement trademark right registration certificate, the trademark right may be transferred. At the time of transfer, a transfer contract shall be signed and the transfer registration shall be handled.
Article 31 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China, where a registered trademark is assigned, the assignor and the assignee shall submit an application for the assignment of a registered trademark to the Trademark Office. The application procedures for the assignment of a registered trademark shall be handled jointly by the assignor and the assignee. Where the Trademark Office approves an application for the assignment of a registered trademark, it shall issue a corresponding certificate to the assignee and publish it.
Where a registered trademark is assigned and the trademark registrant fails to assign the same or similar trademark, if it is registered on the same or similar goods, the Trademark Office shall notify it to correct within a time limit; If no correction is made within the time limit, the application for assignment of the registered trademark shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
Article 64 If the Trademark Registration Certificate is lost or damaged, an application for reissuing the Trademark Registration Certificate shall be submitted to the Trademark Office. If the Trademark Registration Certificate is lost, a declaration of loss shall be published on the Trademark Announcement. The damaged Trademark Registration Certificate shall be returned to the Trademark Office when the application for reissue is submitted.
Although the trademark registration certificate is lost, your relevant information has actually been filed in the Trademark Office, so you only need to apply to the Trademark Office for a trademark certificate.
2、 There are two ways to reissue the trademark certificate:
1. If it is handled through a trademark agency, in addition to trademark transfer and trademark registration, the trademark agency can also handle the business of trademark reissue. It can be said that the trademark agency can handle the business of trademark transfer on its behalf.
2. The applicant has personally applied to the Trademark Office. It should be noted that if you apply for the reissue of the trademark registration certificate, you need to prepare the application for the trademark registration certificate in advance; The identity certificate of the trademark registrant and other relevant documents. After the documents are submitted, the Trademark Office will publish the loss statement on the Trademark Notice after examination and approval, and issue a new trademark registration certificate.
According to the above analysis, if the Trademark Registration Certificate is lost or damaged according to the provisions of the Regulations for the Implementation of the Trademark Law, an application for reissuing the Trademark Registration Certificate shall be submitted to the Trademark Office. After the certificate is reissued, the trademark owner shall handle the trademark transfer formalities and sign the transfer contract.
