Notarization of Trademark Transfer Declaration and Notarization of Trademark Transfer Agreement are two different notarization services for legal documents, and they play different roles in the trademark transfer process:
Notarization of the declaration of trademark transfer
The declaration of trademark assignment is a unilateral declaration made by the trademark owner ** assignee, indicating that it is willing to transfer the exclusive right to use the trademark to another party (assignee).
Notarization of this declaration means that the notary public confirms the authenticity, legitimacy and validity of the declaration, as well as the authenticity of the signature on the declaration.
This notarization is usually applied for the trademark owner to apply for the assignment directly to the CNIPA, without involving complex transfer conditions and additional agreements.
Notarization of the trademark transfer agreement
The trademark transfer agreement is a contract signed jointly by the trademark owner and the transferee, which lists in detail the conditions of the transfer, the payment method, the rights and obligations of both parties, etc.
Notarization of this agreement means that the notary public not only confirms the authenticity, legitimacy and validity of the content of the agreement, but also confirms that the expression of intent of the two parties to sign the agreement is true and voluntary.
This notarization is applicable to the transfer of a trademark involving complex conditions, such as the assignment accompanied by other commercial arrangements such as franchising, technology licensing, etc.
In general, the notarization of the declaration of trademark transfer focuses more on the authenticity of the trademark owner's unilateral intention to transfer and rights, while the notarization of the trademark transfer agreement involves the specific content and terms of the agreement reached by both parties. It is very important to choose the right notary service according to the specific situation and needs. When notarizing a trademark transfer, it is recommended to consult a professional intellectual property lawyer or **person to ensure that all procedures comply with the law and protect the rights and interests of both parties.
*From: Red and Blue Law Author: Qidu Notary Team.