It is still a commonplace issue. Since my country ranks first in the world in terms of trademark applications, resources for transferring good-sounding trademarks are becoming increasingly scarce. Many businesses cannot register their favorite names, so they choose to purchase trademarks. When there is a purchase, there is a transfer. So what issues does the transferee need to know during the transfer process?

Let’s take a look at the legal provisions first: Article 42 of the "Trademark Law" stipulates: When a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and sign a transfer agreement in the same direction. File an application with the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark. When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods. For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons. After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement. From the provisions of the Trademark Law, we can learn that: First: an application must be made to the Trademark Office to transfer a trademark. After both parties sign the transfer agreement, they need to go to the local notary office to make a transfer declaration. Some guests here may want to ask, what should I do if they are not in the same area? At this time, the transferor can go to the notary office alone to make a transfer declaration, which is also legal and valid. After the preliminary materials are prepared, both parties need to submit a transfer application to the Trademark Office at the same time, otherwise the trademark rights will not be transferred to the name of the transferee.

Second, the transferee should ensure the quality of the goods. As we all know, a trademark can only generate value through use. The reason why the "Trademark Law" has such provisions is that we hope that you can use the trademark reasonably and not affect the quality of the trademark because of the quality of your own goods.

Third: Identical or similar trademarks on the same goods must be transferred together. Some guests may not understand why there is such a provision that the transfer fee will increase? In fact, from the perspective of consumers, it is easy to know that if similar trademarks appear on similar goods, it will easily cause confusion and misunderstanding, and it will not be easy to manage. Therefore, the purpose of such regulations is to unify the brands. .

Fourth: Protection of trademark quality. The Trademark Law clearly stipulates that trademarks that are easily confusing or have adverse effects shall not be transferred. Therefore, the transferee must register the trademark when purchasing it, and whether the quality of the trademark violates legal regulations. Some trademarks may be successful due to mistakes made by previous trademark examiners. In this way, the Trademark Office will re-examine the trademark. If it violates legal provisions, the trademark will be deemed invalid.

Fifth: After the transfer, no new trademark registration certificate will be issued. After the transfer is successful, the transferee will enjoy the exclusive right to use the trademark from the date of announcement, but the Trademark Office will no longer issue a new registration certificate. When exercising trademark rights, the transferee shall use both the original registration certificate and the transfer certificate issued by the Trademark Office. Therefore, after the transfer agreement is signed, the transferor should hand over the registration certificate to the transferee.

Sixth: The stability of trademark rights. The trademark is valid for ten years. If it needs to be continued to be used after the expiration, it shall be renewed. Therefore, the transferee should pay attention to whether the trademark is valid when purchasing the trademark. At the same time, the trademark can also be "revoked if not used for three years and declared invalid", etc. Therefore, the transferee should understand the stability of the trademark and apply for transfer. Details determine success or failure. Trademarks are of great significance to enterprises. Whether it is trademark transfer or trademark use, attention must be paid to these issues. For more details, please consult Bajie Intellectual Property Trademark Transfer Network!