In the field of intellectual property, trademark transfer and patent transfer are very common intellectual property processing businesses. In specific operations, some people who are not familiar with these two professional terms will confuse them. So, what is the difference between trademark transfer and patent transfer, and what are the differences in the actual procedures they need to go through? Today, I will briefly introduce these two related knowledge.

What is trademark transfer?

Trademark transfer is the process of transferring the exclusive rights of a trademark from one party to another. During this process, the trademark transfer only needs to reach acknowledgment and sign a trademark transfer contract through the Trademark Office. The transfer can be completed by approving the registration, but it should be noted that the trademark transferee must ensure the quality of the trademark.

What is patent transfer?

Patent transfer refers to the transfer of the patent rights of the invention and manufacturing patent owner to the transferee. The transferee signs a contract based on the negotiation recommendations of both parties and becomes the new rights holder after the transfer.

The difference between trademark transfer and patent transfer:

1. The transferee has different obligations

According to the requirements of the Trademark Law, the transferee of a trademark After becoming a new rights holder of a registered trademark, you must ensure the quality of trademark use and effectively protect trademark rights. However, according to the requirements of the Contract Law, the patent assignee shall bear confidentiality obligations in accordance with the mutual agreement and maintain the undisclosed patents of the patent assignor.

2. The purpose of transfer is different

The effect of trademark transfer can meet the requirements of the parties, most of which occur on companies or individuals, while patent transfer is a transfer of intellectual property rights. Mostly for projects.

The uniqueness of trademark transfer and patent transfer:

1. It is the transfer of rights

Trademark transfer is the transfer of trademark rights, and patent transfer is the transfer of patents Transfer is the process by which rights are transferred from one party to another.

2. Same transfer registration system

Trademark transfer and patent transfer must be approved by the Trademark Office. Essentially, this is a transactional behavior. The defendant must register the transfer with the Trademark Office and obtain approval from the Trademark Office.