What are the ways to transfer trademark rights?
I. What are the ways to transfer the trademark right? The transfer of a registered trademark is an act that the trademark registrant transfers the exclusive right to use the trademark to another party according to legal procedures within the validity period of the registered trademark. The transfer of a registered trademark generally takes the following forms: (1) Contract Transfer The transferor stipulates the contents, mutual rights, obligations and liabilities for breach of contract of the registered trademark through a contract. This form of transfer is generally paid, that is, the transferor collects a certain transfer fee by transferring the exclusive right to use a registered trademark. (2) There are two situations when a registered trademark is transferred: 1. After the death of the registered owner (natural person), that is, after the end of his life, there are heirs who inherit all the registered trademarks of the deceased before his death according to the inheritance procedure. 2, as the owner of a registered trademark, the enterprise is merged or transferred when it is merged. (3) Transfers due to administrative orders This form of transfer generally occurs in public-owned countries. The administrative orders mentioned here are mainly those plans and administrations that cause property circulation. For example, the division, merger, dissolution or conversion of state-owned enterprises in China according to administrative orders will inevitably lead to the change of registered trademark subject. Second, the problems that should be paid attention to in the transfer of trademark rights 1. Trademark rights have a time limit. Before concluding a trademark transfer contract and a trademark license contract, we should first examine whether the exclusive right to use a trademark as the subject of the contract is still within its validity period, how long the validity period is, and whether the registered trademark has been renewed. This is to prevent some units or individual industrial and commercial households, individual partnerships, etc. from transferring trademarks that are not protected by law, that is, trademarks that have no exclusive right to use trademarks, or allowing others to use them to deceive each other. 2. The transfer of trademark rights must be carried out in accordance with the methods and procedures prescribed by law and shall not be transferred by itself. 3. A trademark registrant must sign a trademark license contract to license others to use its registered trademark. The licensor and the licensee shall, within three months from the date of signing the license contract, submit a copy of the license contract to the county-level administrative department for industry and commerce where they are located for filing, and the licensor shall submit it to the Trademark Office for filing and the Trademark Office shall make an announcement. 4. When the transferor uses the registered trademarks of drugs, tobacco products and other commodities that must use the registered trademarks as stipulated by the state, the transferee shall provide the certification documents of the relevant departments: (1) If the transferee uses the registered trademarks of drugs, the certification documents issued by the health administrative department shall be attached; (2) For the transferee of the registered trademarks of cigarettes, cigars and packaged cut tobacco, a certificate of approval of production by the state tobacco authority shall be attached; (3) For the registered trademarks of other commodities that are required to use registered trademarks by other countries, the approval documents of the relevant competent authorities shall be attached. 5. Where another person is licensed to use the registered trademarks of pharmaceuticals for human use, tobacco products and other commodities for which the registered trademarks are required by the state, when submitting a copy of the license contract to the local county-level administrative department for industry and commerce for filing, the licensee shall attach a certificate issued by the health administrative department, a certificate of approval of production by the national tobacco authority, or a certificate of approval from other relevant competent departments. If the above-mentioned approval documents are not provided, and the above-mentioned approval documents are still refused after being ordered by the administrative department for industry and commerce or the Trademark Office, the licensee shall be deemed as unqualified and the trademark license contract shall be invalid. 6. When signing a trademark right transfer and use license contract, it should be examined whether the other party has the corresponding qualifications, that is, whether it is a legally established enterprise, institution, social organization, individual industrial and commercial household, individual partnership, and whether it can become the subject of the trademark right transfer and use license contract according to the agreement signed by its country and the People's Republic of China, or the international treaty to which * * * participates, or according to the principle of reciprocity. For those who do not have the corresponding qualifications, the counterpart may not sign a trademark right transfer and use license contract with them; If the signing procedures have been completed, the contract should be invalid or regarded as a contract that has not been established at all. To sum up, we can know that there are three main ways to transfer trademark rights, including contract transfer, subsequent transfer and transfer due to administrative orders. The last case is actually rare now, and most of them are transferred by contract. Following the transfer is mainly in the case of inheriting the trademark right, after the legal heir has gone through the formalities, the trademark right of the decedent is actually obtained.