Trademark transfer, in layman’s terms, is to transfer a trademark that has been successfully registered by someone else and turn it into your own trademark. The most important step is to sign a contract. In order for the enterprise to For a more successful trademark transfer, the editor of Lichun.com has compiled the contracts that need to be signed during the trademark transfer process. Buyers and sellers must pay attention to these points!

1. First of all, the transferor, that is, the buyer, needs to pay attention

1. Make it clear that the transferee of the trademark is limited to enterprises, institutions, social groups, individual industrial and commercial households, and individual partnerships. , with foreigners or foreign enterprises. Natural persons who are not legally permitted to engage in business activities are restricted as transferees of trademark rights.

2. The trademark transfer fee should be agreed to be paid in installments as much as possible. For example, that part of the fee is paid when the contract is signed, and the remaining part is paid after the trademark transfer is approved and announced. It should be avoided to agree on a one-time payment to be made after the trademark transfer approval is announced.

2. Secondly, the transferee, that is, the buyer, needs to pay attention

1. It should be clearly stipulated in the contract that the transferor legally enjoys exclusive rights to the transferred trademark, and The exclusive right to use this trademark is valid. The trademark registration certificate should be attached to the contract. It should be reminded that the transferee cannot rely solely on the trademark registration certificate provided by the transferor, but must also investigate whether the transferor can be the trademark registrant. In addition, you should know whether the nominal address of the trademark registrant is consistent with the name and address on the transferor's business license. If the name and address on the transferor's business license do not match the name and address on the transferred trademark registration certificate, then , the Trademark Office will reject the transfer application.

2. In order to prevent confusion and misunderstanding among consumers when different producers or service providers use the same trademark for the same type of goods or services. It should be clearly agreed that when the trademark owner transfers its registered trademark, it should also transfer it to the same transferee together with other identical or similar trademarks registered for the same or similar goods or services.

3. According to current regulations, subsequent trademark transfer cannot affect the validity of the earlier license. The licensee can continue to use the trademark during the validity period of the license, which will adversely affect the transferee of the transferred trademark. Therefore, the trademark license status should be clearly agreed upon.

4. The transferor must ensure that during the transfer period, it will not operate goods with the same or similar trademark within the effective registration area of ??the trademark, nor engage in other products or sales that compete with the goods. Activity.

3. Finally, both the transferor and the transferee need to pay attention

1. According to Article 39, paragraph 2, of China’s Trademark Law, “After the transfer of a registered trademark has been approved, , shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement. "Since the transferee has not obtained the exclusive right to use the trademark from the signing of the contract to the date of approval and announcement, the rights and obligations of both parties during this period should be clearly agreed.

2. When going through the procedures for transferring a registered trademark, it should be made clear that the transferor and the transferee should submit an application for transfer of a registered trademark to the Trademark Office at the same time.

To sum up, today the editor of Lichun.com has compiled for you the contracts that need to be signed for trademark transfer. Buyers and sellers must pay attention to these points! Through the above content, both buyers and sellers have a certain and full understanding of trademark transfer. Regarding the transfer procedures, relevant procedures must be completed in accordance with legal provisions, so as to avoid legal risks. The above is That’s all for today.