Trademark transfer and trademark registration are both methods of obtaining a trademark through certain legal measures and final approval by the Trademark Office. With the emphasis on intellectual property rights, trademarks occupy a powerful position in corporate operations. Therefore, more and more criminals are seeking profits through trademark registration or trademark transfer. The following are the problems that will be encountered and the corresponding responses.

①Invalid application issues

The "Trademark Registration Application Acceptance Notice" obtained after the trademark registration application is accepted only indicates that the applicant's subject qualifications and trademark application documents comply with the trademark Requirements for registration application. When a trademark registration application is accepted by the Trademark Office and enters the review process, it does not indicate the likelihood of the trademark registration application being successful or anything else.

From an extreme point of view, even if a trademark is absolutely impossible to be registered because it violates the provisions of the law, as long as the applicant and application documents comply with the regulations, the trademark registration application can still obtain "trademark registration" Notice of Application Acceptance". Therefore, a trademark registration application that is unlikely to be approved for registration is called an invalid application. Obviously, if the trademark transferee obtains an invalid application, the result will be nothing.

②Multiple Application Issues

If a trademark registration applicant applies for an identical or similar trademark twice or more in the same category, the subsequent If a trademark registration application is transferred to another person, even if the trademark is very creative and registrable, the assignee of the trademark will never be able to obtain the trademark.

Because the Trademark Law stipulates that “if two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the first application shall be initially reviewed and announced. trademark".

Disputes regarding trademark transfer.

If the trademark transfer application is still in the transfer review process of the Trademark Office, in order to facilitate the parties to assert their rights, the Trademark Office will give the parties a reasonable time limit for this type of trademark transfer disputes. The parties concerned should assert their rights through judicial proceedings as soon as possible. Beyond this time limit, the Trademark Office will continue to conduct the corresponding normal trademark transfer review procedures.

Once the trademark transfer application is approved and announced by the Trademark Office, the trademark transfer has actually produced legal effect. When it comes to legal authority issues, the parties concerned can only apply for evidence preservation measures from the court to temporarily freeze the implementation of rights after the trademark is transferred, and resolve related trademark transfer disputes through litigation proceedings.

As for the illegal transfer of counterfeit and forged trademarks, the local public security department needs to conduct criminal identification of forged seals, documents, illegal misappropriation of property, etc., and then resolve it through judicial procedures. Administrative disputes arising from administrative decisions such as "non-acceptance" or "non-approval" made by the Trademark Office can be resolved by reporting to the State Administration for Industry and Commerce, administrative reconsideration, or administrative litigation.

Only when the transfer of a registered trademark is approved and announced, the trademark transferee will have all the legal rights and interests of the transferred trademark. Before the approval and announcement of the registered trademark transfer, the actual rights and interests of the transferred trademark still belong to the trademark. transferor. Therefore, regarding the issue of trademark rights and interests during the review of the transfer application, the parties to the trademark transfer can only agree on the corresponding rights in advance in the trademark transfer contract.