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Position: Beijing Eastking IP Agent Co. Ltd. > Guides > Trademark > Text Back Home

Application for trademark assignment

Author:Eastking     Source:Eastking     Hits:1160     Time:2012/7/31

Where a registered trademark is assigned, the assignor and assignee shall conclude a contract for the assignment, and jointly file an application in front of the trademark Office. The assignee shall guarantee the quality of the goods in respect of which the registered trademark is used. Trademark assignment application should be filed with application form of trademark assignment.

The assignment of a registered trademark shall be published after it has been approved, and the assignee enjoys the exclusive right to use the trademark from the date of publication.

An application can be assigned. An assignment of an application must be for the entire territory covered by the application. An assignment of an application must be for all the goods or services listed in the application. Goodwill need not be included in an assignment of an application.

A written assignment for an application requires: name of the assignor; address of the assignor; citizenship of the assignor; name of the assignee; address of the assignee; citizenship of the assignee; details of the trademark being assigned; the territory being assigned; signature by the assignor; signature by the assignee; it is necessary to indicate the mark's application/registration number and the classification.

Legal verification of a written assignment document is not required. And an assignment of an application must be recorded to be effective.

A registration also can be assigned. An assignment of a registration must be for the entire territory covered by the registration. An assignment of a registration must be for all the goods or services listed in the registration.

Assignment of a registered trademark, the trademark registrant shall be assigned in the same or similar to the trademark.

After submitting the application of assignment, the trademark office will send the filing receipt to the qualified applicant, and send the notification of not acceptance if the applicant is not qualified. The trademark office shall send the notification of amendment to the assignee, if it is needed amendment. If the applicant fails to submit the amendment within prescribed time, the trademark office shall be considered as that the applicant give up or will not approve it.