At present, it is more and more difficult to register a suitable trademark, and many enterprises choose to buy a trademark directly, which also produces the trademark transfer business. After the trademark is transferred, does the original holder still have the right to use it?

After the successful transfer of the trademark, the original holder transfers the exclusive right to use the trademark to the transferee. This clearly shows that the original trademark owner no longer enjoys the exclusive right to use the trademark. According to Article 42 of the Trademark Law, the trademark owner and the assignee must sign an assignment agreement before they can be regarded as legal trademark assignment. After the entire transfer process is approved by the Trademark Office, it will be publicized for a period of time. The time of this publicity is also the landmark time when the trademark assignee has the trademark right, and the trademark can be used directly.

After the transferee successfully accepts the trademark and completes the transfer, he becomes the new owner of the trademark. If the original holder needs to use the trademark or provide similar services, it needs to negotiate and communicate with the transferee, sign relevant terms and documents, and obtain permission before temporary use. If you continue to use the trademark in commercial activities without the permission of the transferee, it can be regarded as trademark infringement and needs our attention.

The transfer of a registered trademark is not only between the transferor and the transferee, but also has a great influence on the original interests of the trademark in the hands of the original consumer groups and the market. The purpose of signing a trademark transfer agreement is not only to ensure the legitimacy of the transfer process, but also to protect the rights and interests of trademark owners and related consumers. From the perspective of market economy, trademarks can also be traded, resulting in interest value. A trademark can be regarded as a commodity. Trademark owners can transfer trademarks according to their own ideas within the statutory authority.

Details determine success or failure, and trademarks are of great significance to enterprises. Whether it is trademark transfer or trademark use, we should pay attention to these problems. For more details, please consult Bajie Intellectual Property Trademark Transfer Network!